立法数据库

参与有组织集团
  • 犯罪

    • • 约定实施严重犯罪(共谋)
      • 组织、指挥、协助、教唆、便利或参谋实施涉及有组织犯罪集团的犯罪
 Part Two - Chapter Two
 Paragraph 216-217

UNTOC 文献

  • 有组织犯罪公约

  • 第5: 条 参加有组织犯罪集团行为的刑事定罪
  • 第11: 条. 起诉、判决和制裁
  • 贩运人口议定书

  • 偷运移民议定书

  • 枪支议定书

     

    原始案文

    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.