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参与有组织集团
     Part One
     Article 125-136
     Chapter 10

    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

      Aiding and abetting

      125.

      A defendant shall be guilty of the offence of aiding and abetting a crime, if the defendant engages in a conduct designed to accommodate or help another person in the commission of a crime.

      Solicitation

      126.

      A defendant shall be guilty of the offence of solicitation to commit a crime, if the defendant purposely or knowingly solicits, requests, commands, or causes another person to commit a crime.

      Criminal conspiracy

      127.

      A defendant shall be guilty of the offence of criminal conspiracy to commit a crime, if the defendant agrees with another person or persons that they or one or more of them will engage in a conduct that constitutes a crime.

      Scope of conspiratorial relationship

      128.

      If a defendant knows that another person with whom the defendant conspired to commit a crime has conspired with a third person to commit the same crime, the defendant is guilty of conspiring with that third person whether or not the defendant knew the identity of the third person.

      Conspiracy to commit multiple crimes

      129.

      If a defendant conspires to commit more than one crime through the same conduct, then the defendant is guilty of only one charge of conspiracy so long as the multiple crimes are the object of the same agreement or continuous conspiratorial relationship.

      Joinder in conspiracy prosecution

      130.

      Two or more defendants charged with a criminal conspiracy may be prosecuted jointly, if:

      (a) They are charged with conspiring with each other; and

      (b) Neither defendant will be unfairly prejudiced by a joint trial.

      Defence to conspiracy

      131.

      It shall be a defence to a prosecution for the offence of conspiracy that the defendant, after conspiring to commit a crime, thwarted the success of the crime under circumstances that manifest an absolute and voluntary renunciation of the defendant's criminal intent.

      Cessation of a conspiracy

      132.

      A conspiracy shall be terminated under the circumstances:

      (a) When the defendant advises the co-conspirators if the defendant is abandoning the conspiracy; and

      (b) The defendant or co-conspirator informs a law enforcement agency of the existence of the conspiracy and one's participation therein before the commission or attempted commission of the crime.

      Conspiracy as a continuing offence

      133.

      For the purposes of this chapter a conspiracy:

      (a) Is a continuing offence which terminates when the crime or crimes which are its object are committed or attempted to be committed or the agreement to commit the crime is abandoned by the conspirator or the co-conspirator; or

      (b) Terminates by abandonment, if neither the defendant nor a co-conspirator engages in an overt act in pursuance of the conspiracy during the applicable period of time limitations that applies to the crime that is the object of the conspiracy.

      Grading of criminal attempt, solicitation and criminal conspiracy

      134.

      Unless otherwise indicated in this Penal Code, the defendant who is guilty of the offence of criminal attempt, solicitation, or criminal conspiracy shall be liable to:

      (a) Third degree felony, if the offence is of first and second degree felony; or

      (b) Half the penalty awarded to the person, who had committed the crime, if the offence is of third degree felony, fourth degree felony, misdemeanour or petty misdemeanour.

      Grading of aiding and abetting

      135.

      Unless otherwise indicated in this Penal Code, the defendant who is guilty of the offence of aiding and abetting shall be liable to:

      (a) Fourth degree felony, if the offence is of first, second and third degree felony; or

      (b) Half the penalty awarded to the person, who had committed the crime, if the offence is of fourth degree felony, misdemeanour or petty misdemeanour.

      136.

      If the particular conduct charged to constitute a criminal attempt, aiding and abetting, solicitation, or criminal conspiracy is so inherently unlikely to result or culminate in the commission of the crime that is the object of the attempt, aiding and abetting, solicitation, or criminal conspiracy that neither the conduct nor the defendant presents a public danger, the Court may impose a sentence for a crime of lower degree or, in a trivial case, may dismiss the charges against the defendant.