Database of Legislation

Participation in an organized criminal group
     Part One - Chapter II
     Article 25-29
     Section 3

    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

      Section 3 Joint Crimes

      Article 25
      A joint crime refers to an intentional crime committed by two or more persons jointly.

      A negligent crime committed by two or more persons jointly shall not be punished as a joint crime; those who should bear criminal responsibility shall be individually punished according to the crimes they have committed.

      Article 26
      A principal criminal refers to any person who organizes and leads a criminal group in carrying out criminal activities or plays a principal role in a joint crime.

      A criminal group refers to any relatively stable criminal organization which is composed of more than three persons for the purpose of committing a crime jointly.

      A ringleader who organizes and leads a criminal group shall be given a punishment according to all the crimes the group has committed.

      A principal criminal unless otherwise stipulated in the third paragraph shall be given a punishment according to all the crimes that he participates in or organizes or commands.

      Article 27
      An accomplice refers to any person who plays a secondary or auxiliary role in a joint crime.

      An accomplice shall be given a lighter or mitigated punishment or be exempted from punishment.

      Article 28
      A person who is compelled to participate in a crime shall, according to the circumstances of his crime, be given a mitigated punishment or be exempted from punishment.

      Article 29
      A person who instigates others to commit a crime shall be punished according to the role he has played in the joint crime.

      Anyone who instigates a person under the age of 18 to commit a crime shall be given a heavier punishment.

      If the instigated person has not committed the instigated crime, the instigator may be given a lighter or mitigated punishment.