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参与有组织集团
  • 犯罪

    • • 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
 Article 99-101

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

    Article 99

    The Actor and His Penalty

    The actor of the crime is

    1) any person who commits the crime alone or with another person.

    2) any person who takes part in its commission, if it consists of a series of acts and he willfully carries out one of these acts.

    Every actor shall be punishable by the penalty prescribed for the committed crime.

    In the event of special circumstances with respect to one of the actors which require changing the classification of the crime or penalty, their effect shall not affect the others should he be unaware of these circumstances. The same applies in the event of a change in the classification related to the intent of the actor of the crime or how he became aware of it.


    Article 100

    Accessory

    An accessory to a crime is:

    1) any person who instigates the commission of the act of the crime should this act occur based on his instigation.

    2) any person who knowingly gives the actor(s) a weapon, machines or anything of the sort that may be used to commit the crime or helps them in any other way in the preparatory, facilitating or completing acts of the crime.

    3) any person who agrees with another to commit the crime which occurs pursuant to this agreement.


    Article 101

    Punishment of Accessory

    The accessory to a crime shall be punishable as is provided for the punishment of that felony, except as otherwise prescribed.

    And yet,

    1) The accessory shall not be affected by the special circumstances of the actor which require a change in the classification of the crime, should the accessory be unaware of these circumstances.

    2) Should the classification of the crime change based on the intent of the actor or how be became aware of it, the accessory shall be punishable by the penalty he deserves even if the actor’s intent or his awareness of it is the same as the accessory’s intent or awareness of it.