Database of Legislation

Participation in an organized criminal group
  • Offences

    • • Organizing, directing, aiding, abetting, facilitating or counselling the commission of a crime involving an organized criminal group
      • Participation in criminal activities of organized criminal group
      • Participation in other activities of organized criminal group
      • Agreement to commit a serious crime (conspiracy)
 Section 6
 Article 321-322

UNTOC Articles

  • Organized Crime Convention

  • Article 5: Criminalization of participation in an organized criminal group
  • Article 26: Measures to enhance cooperation with law enforcement authorities
  • Article 11: Prosecution, adjudication and sanctions
  • Trafficking in Persons Protocol

  • Smuggling of Migrants Protocol

  • Firearms Protocol

     

    Original Text

    Article 321

    Criminal Gangs

    Should three people or more form a gang to commit several felonies or misdemeanors, every participant therein shall be punishable by imprisonment for no less than three years, should the purpose be the commission of felonies; and confinement, should the purpose be the commission of misdemeanors.

    The person who leads, forms or organizes the gang shall be punishable by imprisonment for no less than three years, should the purpose be the commission of felonies; and imprisonment from two to five years, should the purpose be the commission of misdemeanors.

    The penalty shall increase by no more than the half, should the members of the gang open fire in the country or on public roads.

    Any gang member who reports the gang and its members to the authorities or causes its dissolution in any way before the commission of any of the crimes the gang was formed to commit and before the start of criminal proceedings against it shall be absolved from punishment.

    Leaders and founders shall not be absolved unless they disband the gang.


    Article 322

    Aiding and Abetting Gang Members

    Ever person who lodges or supplies criminal gang members shall be punishable by detention not exceeding two years, should he not be an accessory to or facilitate the crime.

    There shall be no punishment for any person who commits these acts in the interest of a relative.

     
     
     

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