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参与有组织集团
  • 犯罪

    • • 约定实施严重犯罪(共谋)
  • 参与程度

    • • 为进一步完成约定的明显行为
 Chapter VA
 Section 120A-120B

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
  • 贩运人口议定书

  • 偷运移民议定书

  • 枪支议定书

     

    原始案文

    [CHAPTER VA

    CRIMINAL CONSPIRACY

    Definition of criminal conspiracy.

    120A. When two or more persons agree to do, or cause to be done,-

    (1) an illegal act, or

    (2) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy:

    Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.

    Explanation.-It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.


    Punishment of criminal conspiracy.

    120B. (1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, [imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.

    (2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.]