Participation in an organized criminal group

    Cambodia

    UNTOC Articles

    •  
    • Organized Crime Convention

    • Article 5 : Criminalization of participation in an organized criminal group
    • Article 12 : Confiscation and seizure
    • Article 26 : Measures to enhance cooperation with law enforcement authorities
    •  
    • Trafficking in Persons Protocol

    •  
    • Smuggling of Migrants Protocol

    •  
    • Firearms Protocol

      Original Text

      Article 453: Conspiracy

      Any scheme set up between several persons to commit a criminal attempt, and this scheme was materialized by one or several concrete actions, constitutes a conspiracy.

      Conspiracy is punishable by an imprisonment from 5 (five) years to 10 (ten) years.

      The offence is punishable by an imprisonment from 10 (ten) years to 20 (twenty) years when it is committed by civil servants.

      Article 454: Exemption from Penalty

      Any person having participated in a conspiracy is exempted from penalty if, before any prosecution, he/she has revealed to the competent authorities the existence of the conspiracy and thereby permitting the identification of other participants.

      Article 455: Additional Penalties: Categories and Duration

      For the crimes laid out in the present Chapter, the following additional penalties may be pronounced:

      1. deprivation of certain civil rights definitively or for a period of not more than 5 (five) years;

      2. prohibition against pursuing a profession during which time the crime was committed in course of or during the occasion of pursuing of this profession definitively or for a period of not more than 5 (five) years;

      3. prohibition against taking residency for a period of not more than 10 (ten) years for a felony or for a period of not more than 5 (five) years for a misdemeanour;

      4. prohibition against leaving the territory of the Kingdom of Cambodia for a period of not more than 5 (five) years;

      5. for a convicted foreigner, prohibition against entering or taking residency in the Kingdom of Cambodia definitively or for a period of not more than 5 (five) years;

      6. confiscation of any instruments, materials or any objects which have been used to commit the offence or were intended to commit the offence;

      7. confiscation of one or several vehicles belonging to the convicted person;

      8. prohibition against possessing or carrying weapon definitively or for a period of not more than 5 (five) years;

      9. posting the decision of sentence for a period of not more than 2 (two) months;

      10. publication of the decision of sentence in the newspapers;

      11. broadcasting the decision of sentence by all means of audio-visual communications for a period of not more than 8 (eight) days.

       
       

      Cross Cutting

      • Investigation Procedure

        • Confiscation and Seizure of

          • • Property, equipment or other instrumentalities
        • Measures

          • • Identification, tracing, freezing and/or seizure of the proceeds and instrumentalities of crime
       
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