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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)
 Book II - Title III
 Article 188-189
 Chapter I

生效日期:

2009-03-31

 

通过日期:

2009-03-16

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11: 条. 起诉、判决和制裁
  • 第26: 条 加强与执法当局合作的措施
  • 贩运人口议定书

  • 偷运移民议定书

  • 枪支议定书

     

    原始案文

    CHAPTER I

    CRIMES AGAINST PUBLIC PEACE

    Article 188

    Criminal association

    1. Any person who promotes or establishes a group, organization or association the purpose or activity of which is the commission of crimes, is punishable with 2 to 8 years imprisonment.

    2. Any group, organization or association shall be considered criminal if it consists of two or more persons who, for a period of time and in a concerted manner, seek to commit or incite the commission of crimes with intent to disturb public order or directly or indirectly obtain benefit or advantage.

    3. Any person who joins, supports or participates in any of the activities conducted by said criminal group, organization or association is punishable with 2 to 6 years imprisonment.

    4. The head or leader of any group, organization or association referred to in the previous subarticles is punishable with 4 to 12 years imprisonment.

    5. The penalties referred to in the preceding subarticles may be extraordinarily mitigated if the perpetrator hinders or makes serious efforts to hinder continuation of the group, organization or association, or communicates to authorities regarding existence of such a group so as to prevent the commission of crime.

    Article 189

    Instigation to commit a crime

    1. Any person who, publicly and by any means, incites the commission of a crime, is punishable with up to 3 years imprisonment or a fine.

    2. Any person who, in private or publicly, commends or rewards a person who has committed any crime in order to, through such conduct, incite the commission of identical crimes, is punishable with up to 2 years imprisonment or a fine.

    3. Whenever, in the case of the previous subarticles, the crime instigated by the perpetrator is actually committed, the applicable penalty, unless said crime carries a heavier penalty by force of another legal provision, is 2 to 5 years imprisonment.