Database of Legislation

Participation in an organized criminal group
  • Offences

    • • Agreement to commit a serious crime (conspiracy)
 Part 11
 Section 310

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

    310 Conspiring to commit offence

    (1) Subject to the provisions of subsection (2), every one who conspires with any person to commit any offence, or to do or omit, in any part of the world, anything of which the doing or omission in New Zealand would be an offence, is liable to imprisonment for a term not exceeding 7 years if the maximum punishment for that offence exceeds 7 years’ imprisonment, and in any other case is liable to the same punishment as if he had committed that offence.

    (2) This section shall not apply where a punishment for the conspiracy is otherwise expressly prescribed by this Act or by some other enactment.

    (3) Where under this section any one is charged with conspiring to do or omit anything anywhere outside New Zealand, it is a defence to prove that the doing or omission of the act to which the conspiracy relates was not an offence under the law of the place where it was, or was to be, done or omitted.

    Compare: 1908 No 32 ss 347, 348