Recital 10

(10) In addition to the offence of participation in a criminal organisation within the meaning of Article 2 of Council Framework Decision 2008/841/JHA (8), other criminal offences as referred to in Article 1(1) of Framework Decision 2008/841/JHA and as defined in national law should be included in the scope of this Directive to the extent to which they are committed within the framework of a criminal organisation, as defined in Article 1(1) of Framework Decision 2008/841/JHA and as defined in national law, with a view to capturing illicit gains stemming from criminal activities typically carried out by criminal organisations. Member States are in particular encouraged to ensure that the crimes of counterfeiting and piracy of products, illicit trafficking in cultural goods, forgery and trafficking of administrative documents, murder or grievous bodily injury, illicit trade in human organs and tissue, kidnapping, illegal restraint or hostage-taking, organised or armed robbery, racketeering and extortion, trafficking in stolen vehicles, tax crimes relating to direct taxes and indirect taxes, arson, fraud and swindling, illicit trafficking in nuclear or radioactive materials and crimes which fall within the jurisdiction of the International Criminal Court are included in the scope of this Directive. However, this Directive does not oblige Member States to introduce or maintain any criminal offence.

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Source: EUR-Lex CELLAR · retrieved 2026-09-04 · Text as adopted (Official Journal); later amendments are not incorporated in this text.