A criminal organisation is a group of people who have joined together to commit or plan criminal offences. This group must consist of at least three people and their actions must be grossly negligentwhich means that they are aware of the danger that their actions pose to other people.
Examples of criminal organisations
Criminal organisations can come in many shapes and sizes. Some examples are
- Street gangs that engage in violence and drug trafficking
- White-collar crime such as insider trading or fraud
- Terrorist groups that use violence to achieve political goals
- Consequences of membership of a criminal organisation
- Criminal associations in government organisations
Anyone who is a member of a criminal organisation may be liable to prosecution and may be held responsible for the criminal acts of other members. Even if a member was not directly involved in a criminal offence, they can be held responsible for the activities of the association as a whole.
Criminal associations in government organisations
However, criminal organisations can exist not only within civil society, but also within government organisations. These types of organisations, also known as "corrupt networks", use their power and influence within the government to illegally profit or undermine the interests of the government.
An example of a criminal organisation within a government organisation is a network of officials involved in the illegal trafficking of weapons or drugs. They use their position to evade customs controls and circumvent laws to cover their illegal activities.
Another example is the corrupt practice of officials accepting bribes from companies in order to circumvent regulations or award government contracts to certain companies.
If a group of executives conceal the asbestos hazard and thereby endanger thousands of people, can this group be labelled a criminal organisation?
Yes, you can have a group of executives who have the Asbestos danger and thereby endangering thousands of people, as a criminal organisation. If these managers act intentionally or with gross negligence by suppressing information about the asbestos hazard and thereby endangering the health and safety of other people, this can be considered a criminal offence. These acts can fall under both criminal law and labour protection law. A criminal organisation in this context would be a group of people who have come together to carry out and/or plan these illegal acts.
Although the managers are acting on behalf of a state-owned company, their actions can still be considered criminal. If they act deliberately or with gross negligence by suppressing information about the asbestos hazard and thereby endangering the health and safety of other people, this may be considered a criminal offence.
State-owned companies can be prosecuted if they break the law. Even if managers act on behalf of the company, they are personally responsible for their actions and can be prosecuted.
There are also cases where managers in these companies, through their decisions and actions, violate occupational health and safety law and thereby endanger other people. This can lead to penalties being imposed on both the company and those responsible.
Who is responsible for the prosecution of government officials who are also executives in state-owned companies?
It depends on what type of offence was committed by the individuals and in which country it was committed. In some countries, the prosecution of offences committed by government officials is the responsibility of the Ministry of Justice, while in other countries independent investigating authorities or even the police may carry out the investigation.
In cases where the individuals are both executives of a state-owned enterprise and government officials (Example: Frank Bielka)it can be difficult to ensure that investigations are carried out independently and fairly. In such cases, it can be crucial that the investigation is conducted by an independent and credible investigative body that is independent of the government to ensure that the investigation is truly fair and objective.
It is necessary that there is a functioning legal system that guarantees responsibility and accountability for crimes against occupational health and safety. There should also be mechanisms that allow those affected and society to play a role in enforcing legal claims and penalties.
Preventing and combating criminal organisations
To combat criminal organisations, many governments rely on a combination of police prosecution and preventative measures. These include, for example, educational programmes aimed at preventing young people from joining criminal organisations, as well as social and economic development programmes that support disadvantaged communities.
In summary, a criminal organisation is a group of people who have come together to commit or plan criminal offences. In doing so, they put other people in danger and can be prosecuted by the police as well as combated through preventive measures.
Measures to prevent criminal behaviour by government officials and executives of state-owned enterprises
There are several approaches to preventing criminal behaviour by government officials. Some approaches include:
- Transparency and accountability: By introducing transparency laws that require the disclosure of information by government officials and state-owned companies, the public can be better informed about the activities and finances of these officials and companies. This can help uncover and prevent criminal behaviour.
- Ethics rules and training: Government officials should be required to adhere to ethical rules and standards and undergo regular training in ethical behaviour. This can help officials better understand their duties and responsibilities and avoid criminal behaviour.
- Independent monitoring authorities: Independent watchdog agencies should be established to monitor and investigate the activities of government officials and state-owned enterprises. These authorities should be independent of the government and have the power to hold officials and companies accountable.
- Strict penalties: Strict penalties should be introduced for criminal behaviour by government officials in order to achieve a deterrent effect. This can include penalties such as imprisonment, dismissal from service and loss of pension.
- Culture of integrity: A culture of integrity must be developed in government organisations where there is no place for corrupt behaviour. This should be supported by the promotion of ethical values and the introduction of mechanisms for reporting and investigating offences.
It should be noted that the effectiveness of these approaches depends on how well they are implemented and enforced. A combination of approaches may be most effective in preventing criminal behaviour by government officials.
Another important aspect of preventing criminal behaviour by government officials is the promotion of whistleblower protection. Whistleblowers, i.e. people who report criminal behaviour by government officials, should be protected to ensure that they are not discriminated against or penalised for reporting their observations.
Mechanisms should be put in place to respond quickly and effectively to reports of criminal behaviour and to ensure that those responsible are held accountable.
Alternative measures against criminal executives of state-owned enterprises and corrupt government officials
If affected individuals believe that criminal executives of state-owned enterprises or corrupt government officials have violated their rights and no remedy can be obtained through the courts, there are some steps they can take:
- Public educationAffected persons can try to inform the public about the incidents and seek support from the media, politicians and other civil society groups.
- Whistleblower protection: If affected individuals have information about criminal behaviour by government officials or executives of state-owned companies, they can pass this on to independent monitoring authorities or the press. It is important to ensure that whistleblowers are protected and that their anonymity is preserved.
- International organisations: Affected persons can turn to international organisations such as the UN, the EU or the Organisation of American States (OAS) for support and protection.
- Civil lawsuits: Affected persons can also try, Civil law steps against the persons or companies responsible in order to obtain compensation or damages.