Proposed bill seeks heavy crack down on gangs
Aiding and funding a gang is also going to be harshly punished under this law.
By
Aminath Shifleen
A bill has been drafted to curb the dominance of gangs in the country in a bid to curb the growing number of gang crimes in the country.
The bill, drafted by the Homeland Ministry, in conjunction with the police, has now been sent to the Attorney General’s Office for submission to Parliament.
The bill, which is now being drafted as the 'Prevention of Gang Crimes Act', includes a number of provisions. These include the criteria for determining a gang, the confiscation of property and money from crimes committed by such groups and the punishment for gang crimes.
One of the most important provisions of the bill is that those identified as gang members will not be given public jobs, removed from elective offices and will not be allowed to run for office. A gang member is determined, according to the bill, by a special committee formed under the law.
According to the articles:
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Anyone identified as a gang member who is in public service should be dismissed. And such a person should not be employed
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If a gang member holds an elective office, he shall be deemed to have lost his position from the date on which he is declared a gang member
The bill also includes the characteristics of a gang or gang member or gang leader. A gang is defined, according to this bill, as a person or a group of people who lives or spends a lot of time in a particular club or association/group or in a particular area.
The bill also provides that persons belonging to a particular association or group to which more than one person belongs may be defined as a gang if they have a record of, or a relevant report of, arrest on suspicion of criminal offences. Furthermore:
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Write/draw signs and graffiti or a certain name on certain streets and alleys or parks in a particular town, and spend a lot of time in the area to visually describe that they belong to that area
The bill also gives the police more powers to stop gangs and gang related crimes. They include:
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If the gangs do not follow the police instructions, they can be taken into police custody for 12 hours
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The power to enter sites of gang members without a court order if they cause public fear or unrest in the area
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Power to seize vehicle used in gang activities for a period of 90 days without court order
The penalties for gang crimes are also harsher under the bill. Accordingly, it is also an offence to draw a gang sign or logo. The penalty is 6-18 months in prison.
If it is found that a name or logo representative of a gang has been registered in the interest of a person who belongs to the gang, it should be cancelled within a month. If such a crime is committed, the offender will get an 8-10-year jail term.
Under this law, if financial assistance is provided to a gang or gang member, the sponsor can be fined between MVR 500,000 and MVR 1,000,000 million. If the assistance is provided through a legal entity, a fine of MVR 5 million and MVR 10 million can be imposed. The law also provides for the seizure of a person's bank account for many years if the fine is not paid.
The bill also provides for five to seven years in prison for gang membership.
