Database of Legislation

Participation in an organized criminal group
  • Offences

    • • Agreement to commit a serious crime (conspiracy)
  • Keywords

    • • conspiracy
Corruption
  • Criminalisation and law enforcement

    • • Bribery of national public officials
      • Trading in influence
      • Bribery in the private sector
 Chapter VA
 Sections 120A–120B

UNTOC Articles

  • Organized Crime Convention

  • Article 5: Criminalization of participation in an organized criminal group
  • Article 8: Criminalization of corruption
  • Trafficking in Persons Protocol

  • Smuggling of Migrants Protocol

  • Firearms Protocol

     

    UNCAC article

    • Article 15. Bribery of national public officials - Subparagraph (a) of article 15
    • Article 18. Trading in influence - Subparagraph (a) of article 18
    • Article 21. Bribery in the private sector - Subparagraph (a) of article 21
    • Article 27. Participation and attempt - Paragraph 1 of article 27
     

    Original Text

    CHAPTER VA - CRIMINAL CONSPIRACY

    120A. Definition of criminal conspiracy —

    When two or more persons agree to do, or cause to be done,—

    (1) an illegal act, or

    (2) 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.

    120B. Punishment of criminal conspiracy —

    (1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two 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.

    (2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.

     
     

    Cross-Cutting Issues

    • Liability

      • ... as involves

        • • principal offender(s)
          • participant, facilitator, accessory
          • financier
     

    Attachments