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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
      • 参加有组织犯罪集团的犯罪活动
      • 参加有组织犯罪集团的其他活动
      • 约定实施严重犯罪(共谋)
 Section 6
 Article 321-322

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26: 条 加强与执法当局合作的措施
  • 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

    Article 321

    Criminal Gangs

    Should three people or more form a gang to commit several felonies or misdemeanors, every participant therein shall be punishable by imprisonment for no less than three years, should the purpose be the commission of felonies; and confinement, should the purpose be the commission of misdemeanors.

    The person who leads, forms or organizes the gang shall be punishable by imprisonment for no less than three years, should the purpose be the commission of felonies; and imprisonment from two to five years, should the purpose be the commission of misdemeanors.

    The penalty shall increase by no more than the half, should the members of the gang open fire in the country or on public roads.

    Any gang member who reports the gang and its members to the authorities or causes its dissolution in any way before the commission of any of the crimes the gang was formed to commit and before the start of criminal proceedings against it shall be absolved from punishment.

    Leaders and founders shall not be absolved unless they disband the gang.


    Article 322

    Aiding and Abetting Gang Members

    Ever person who lodges or supplies criminal gang members shall be punishable by detention not exceeding two years, should he not be an accessory to or facilitate the crime.

    There shall be no punishment for any person who commits these acts in the interest of a relative.