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参与有组织集团
  • 犯罪

    • • 参加有组织犯罪集团的犯罪活动
      • 约定实施严重犯罪(共谋)
  • 关键词

    • • 共谋
      • 犯罪团伙
 Chapter XXIV
 Article 332-333, 336

生效日期:

1998-01-01

 

通过日期:

1997-10-21

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

    Conspiracy to Commit a Criminal Offence
    Article 332
    Whoever agrees with another to commit a serious criminal offence for which imprisonment for three years or a more severe penalty may be imposed, shall be punished by a fine or by imprisonment not exceeding three years.


    Associating for the Purpose of Committing Criminal Offences
    Article 333

    (1) Whoever organizes a group of people or in some other way associates three or more persons in joint action with an aim to commit criminal offences for which, according to the law, imprisonment of three years or a more severe punishment may be imposed, shall be punished by imprisonment for six months to five years.

    (2) Whoever organizes a criminal organization or manages it, shall be punished by imprisonment for one to eight years.

    (3) A member of the group referred to in paragraph 1 of this Article shall be punished by a fine or by imprisonment not exceeding three years.

    (4) A member of the group referred to in paragraph 2 of this Article shall be punished by imprisonment for six months to five years.

    (5) The court shall remit the punishment of a member of a group or a criminal organization provided he uncovers such a group or criminal organization prior to committing a criminal offence as a member of it or for it.


    Participating in a Group Committing a Criminal Offence
    Article 336

    (1) Whoever participates in a group of people which, by joint action, kills a person or inflicts serious bodily injury upon a person, commits arson, damages property to a large extent, or commits other acts of grave violence, or which attempts to commit such offences, shall for mere participation, be punished by imprisonment for three months to three years.

    (2) The organizer or leader of the group committing the criminal offence referred to in paragraph 1 of this Article shall be punished by imprisonment for one to eight years.