Database of Legislation

Participation in an organized criminal group
  • Offences

    • • Agreement to commit a serious crime (conspiracy)
      • Organizing, directing, aiding, abetting, facilitating or counselling the commission of a crime involving an organized criminal group
 Part Two - Chapter Two
 Paragraph 216-217

UNTOC Articles

  • Organized Crime Convention

  • Article 5: Criminalization of participation in an organized criminal group
  • Article 11: Prosecution, adjudication and sanctions
  • Trafficking in Persons Protocol

  • Smuggling of Migrants Protocol

  • Firearms Protocol

     

    Original Text

    Paragraph 216 - (1) Any person who participates in a criminal conspiracy, the objective of which is to commit an offence stipulated in Paragraphs 190. to 193 and 195 to 197 or to use that offence as a means to achieve the intended objective is punishable by life imprisonment. or imprisonment for a term of years.

    (2) Any person who attempts to set up that conspiracy or who plays a major part in setting it up is punishable by life-imprisonment.

    (3) If the objective of such conspiracy is to commit a specified offence or to use that offence as a means to achieve the intended objective and the penalty for that offence is less than that prescribed in the preceding two Sub-Paragraphs, the penalty will not be greater than that prescribed for the offence.

    (4) Any person who invites another to participate in the conspiracy and his invitation is declined is punishable by detention.

    Paragraph 217 - Any person who participates in a criminal conspiracy or in a gang, association, club, organisation or branch described in this Chapter and who is neither an employee nor in a position of leadership and who dissociates himself from it on first being instructed to do so by the official authorities is exempt from any penalty. He may, in such a case, be punished for other offences he has already committed himself.

     
     
     

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