Database of Legislation

Participation in an organized criminal group
  • Offences

    • • Agreement to commit a serious crime (conspiracy)
 Chapter VA
 Section 120A-120B

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

    Chapter VA

    Criminal Conspiracy

    Definition of criminal conspiracy.

    120A. When 2 or more persons agree to do, or cause to be done —

    (a) an illegal act; or

    (b) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy:

    Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.

    Explanation — It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.

    Punishment of criminal conspiracy.

    120B. (1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, or imprisonment for a term of 2 years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.

    [S 12/97]

    (2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punishable with for 10 years and with fine.

    [S 12/97]

     
     
     

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