Database of Legislation

CHAPTER I

CRIMES AGAINST PUBLIC PEACE

Article 188

Criminal association

1. Any person who promotes or establishes a group, organization or association the purpose or activity of which is the commission of crimes, is punishable with 2 to 8 years imprisonment.

2. Any group, organization or association shall be considered criminal if it consists of two or more persons who, for a period of time and in a concerted manner, seek to commit or incite the commission of crimes with intent to disturb public order or directly or indirectly obtain benefit or advantage.

3. Any person who joins, supports or participates in any of the activities conducted by said criminal group, organization or association is punishable with 2 to 6 years imprisonment.

4. The head or leader of any group, organization or association referred to in the previous subarticles is punishable with 4 to 12 years imprisonment.

5. The penalties referred to in the preceding subarticles may be extraordinarily mitigated if the perpetrator hinders or makes serious efforts to hinder continuation of the group, organization or association, or communicates to authorities regarding existence of such a group so as to prevent the commission of crime.

Article 189

Instigation to commit a crime

1. Any person who, publicly and by any means, incites the commission of a crime, is punishable with up to 3 years imprisonment or a fine.

2. Any person who, in private or publicly, commends or rewards a person who has committed any crime in order to, through such conduct, incite the commission of identical crimes, is punishable with up to 2 years imprisonment or a fine.

3. Whenever, in the case of the previous subarticles, the crime instigated by the perpetrator is actually committed, the applicable penalty, unless said crime carries a heavier penalty by force of another legal provision, is 2 to 5 years imprisonment.