The fifth paragraph of Article 294 of the Criminal Law stipulates what characteristics should an underworld organization have at the same time?

1, organizational characteristics, that is, it has certain organization. This is the fundamental and symbolic feature of underworld organizations. Specifically: (1) has a relatively stable organization; (2) a large number of people; (3) there are clear leaders and relatively fixed members, and there are strict status grades and subordinate relationships among internal members. (4) There are clear and strict organizational disciplines such as help rules. 2. Behavioral characteristics, namely violence and regionality. This is an important feature of underworld organizations. (1) violence. Members of underworld organizations are violent in their daily lives, fighting and picking fights. Organized crime is backed by violence, and its behavior emphasizes confrontation and cruelty, and gun-related crimes are increasingly prominent. (2) Regionality refers to a certain area and industry scope, not just a certain area, including both natural areas and administrative areas. Underworld organizations mostly dominate one side or monopolize an industry, such as shipping, construction and entertainment, in a certain area, such as a village, a district or a coal mine. 3, the purpose characteristics, namely the pursuit of economic interests. This is the most fundamental purpose of underworld organizations. Maximizing economic benefits is the fundamental reason for the establishment and existence of underworld organizations and its ultimate goal. In order to obtain the maximum benefit, underworld organizations use violence as a means to obtain high profits and accumulate huge wealth through various channels, mainly as follows: (1) They obtain the primitive accumulation of economy by collecting protection fees, kidnapping, robbery and other primitive violent means, and most underworld organizations accumulate wealth through this means in the early days of their formation; (2) Obtaining high profits through opening casinos, organizing prostitution, selling obscene articles, selling women and children or human organs, smuggling drugs and other illegal industries and services; (3) Take advantage of the imperfection of the economic management system, use loopholes in the law to penetrate into legal industries, and illegally operate to obtain high profits and accumulate huge wealth. This method is generally applicable to mature or advanced underworld organizations.

Legal objectivity:

What can I do before I am arrested? (1) It is suggested to surrender to the public security organ as soon as possible and truthfully confess your actions. Surrender is legal and can be mitigated or given a lighter punishment. Among them, if the crime is minor, the punishment may be exempted. (2) actively cooperate with the relevant authorities, truthfully answer questions related to the case, and refuse to answer questions unrelated to the case without protecting others. (3) Explain the case When explaining the case, the actor can explain what positive measures have been taken to recover the victim's losses after the case occurred. (4) Litigation rights. If there are violations of citizens' litigation rights and personal insults, they have the right to lodge a complaint. What can I do after being arrested by the public security organs? (1) The program is legal. If compulsory measures (such as detention and arrest) are taken beyond the statutory time limit (the maximum detention period shall not exceed 37 days, and the detention period after arrest shall not exceed 2 months), I may request the cancellation of compulsory measures. (2) If the criminal interview is in the investigation stage, then only lawyers can meet, so lawyers can be entrusted to intervene in the investigation stage to understand the case and find out the violated laws and regulations, so as to avoid worse consequences due to ignorance of procedures and laws and regulations. (3) Those who are seriously ill, unable to take care of themselves, or are pregnant or breast-feeding their children and meet the conditions for obtaining a bail pending trial may apply for obtaining a bail pending trial. Trial stage (1) withdrawal If it is found that the judges, clerks and jurors involved in the trial are related to this case, they may apply for withdrawal. (II) Litigation Rights/Personality Rights Judicial staff can sue the court for infringement of their legal litigation rights (such as the right to free debate) and personal insults. (3) The right of cross-examination can know the facts and evidence of the alleged crime during the court hearing. (4) During cross-examination, you can put forward your own opinions on the testimony, expert conclusion and the contents of the inquest record of the witnesses who did not appear in court. (5) To exercise the right of defense and have the right to participate in the court debate and final statement. (VI) Abide by the rules of the trial In the process of participating in the trial, you should abide by the rules of the court and cooperate with judicial personnel to conduct litigation activities according to law.