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Summary

After being introduced into the Penal Code, this article was not too often used in judicial praxis. Only during last years the frequency of use has been growing.

Research made by the ICSP in the frame of research of serious crime addressed this provision, its practical use and the character of offences prosecuted under this article. Criminal charges elaborated by the State Prosecutory Offices within the period 1999-2004 were analysed which does not mean that the courts in all analysed cases accepted this legal qualification of the offence.

The analysis dealt with some legal and judicial matters as the course of penal prosecution and the nature of used proofs but it showed also character and objects of criminal activities, character and structures of prosecuted groups, numbers and characteristics of their members. What came into light was the fact that surprisingly this provison was only rarely used for prosecution of cases of drug delinquency and the absolute majority of cases prosecuted under this article consisted in cases of organised illegal migration. Criminal offences of organising prostitution and trafficking in women, trafficking in stolen cars, unlawful entreprising were represented too, but only individually. The research enables to formulate findings that refer not only to the judicial praxis but also to the character of some part of organised crime in the CR, on the prosecuted groups and offenders.