GENERAL PART

Chapter IV
PARTICIPATION

Article 46. Organized Criminal Group

An organized criminal group shall be a stable union of persons that organized themselves in advance in order to commit one or more crimes.

GENERAL PART

Chapter IV
PARTICIPATION

Article 47. Criminal Organization (Association)

(1) A criminal organization (association) shall be considered a union of criminal groups organized into a stable community whose activity is based on a division of the administration functions among the members of the organization and its structures for ensuring and executing the criminal intentions of the organization to exert influence over or otherwise control the economic or other activity of individuals and legal entities to derive benefits and economic, financial, or political gains.

(2) A crime shall be considered committed by a criminal organization if it was committed by one of its members for the benefit of the organization or by a person who is not a member of the respective organization and who committed the crime on the order of the organization.

(3) The organizer or leader of a criminal organization shall be considered the person who created the criminal organization or the person who manages it.

(4) The organizer or leader of a criminal organization shall be liable for all the crimes committed by such an organization.

(5) A member of a criminal organization shall be criminally liable for only the crimes in which he/she participated in the preparation or commission thereof.

(6) A member of a criminal organization may be exempted from criminal liability when he/she voluntarily exposes the existence of the criminal organization and assists in solving the crimes committed by it or contributes to identifying the organizers, leaders, or members of the respective organization.

Article 25
Individual criminal responsibility
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:
(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or
(ii) Be made in the knowledge of the intention of the group to commit the crime