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Chapter Summary

Organised crime has been present in China for many centuries and many Chinese triads are based on traditions and networks that have their origin in imperial times. China's criminal offences relating to organised crime are a peculiar mix of general extensions to criminal liability and specific offences. Further, the Criminal Law 1997 combines domestic phenomena with foreign influences. The similarity between China's organised crime provisions and the Palermo Convention is, at least in part, accidental as China's Criminal Law was not amended following China's accession to the convention and China failed to fully implement the convention obligations. In combination, arts. 26 and 294 cover a much broader spectrum of criminal organisations than international law and Western criminal laws. In part, this has been explained by the fact that organised crime is understood differently in China and is interpreted in a much broader manner than similar Western concepts.

Keywords: China; Criminal Law 1997; organised crime; Palermo Convention



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