Database of Legislation

Participation in an organized criminal group
     Book One - Title 2
     Article 28-29
     Chapter 1

    UNTOC Articles

    • Organized Crime Convention

    • Article 5: Criminalization of participation in an organized criminal group
    • Trafficking in Persons Protocol

    • Smuggling of Migrants Protocol

    • Firearms Protocol

       

      Original Text

      Article 28: Definition of Instigator

      Described as an instigator is the person who:

      1. encourages the commission of a felony or a misdemeanour by giving an instruction or order;

      2. instigates to commit a felony or a misdemeanour by means of a gift, a promise or a threat, incitement, lure or by abuse of his/her authority or his/her power.

      The instigator is punishable only if the felony or the misdemeanour is carried out or was attempted.

      The instigator of a felony or a misdemeanour receives the same punishments as the perpetrator.

      Article 29: Definition of an Accomplice

      Described as an accomplice is the person who intentionally facilitates the attempt or the realization of a felony or a misdemeanour by providing his/her help or assistance.

      The accomplice shall be punished unless the crime or demeanour offend get success or attempted.

      The accomplice of a felony or a misdemeanour receives the same punishments as the perpetrator.