GENERAL PART

Chapter Three
GENERAL PROVISIONS ON CRIMINAL OFFENCE

4. Participation in Criminal Offence

Liability of Members and Leaders of Criminal Organisation

Article 41

(1) A severer sentence may be prescribed for an intentional criminal offence with a prescribed sentence of more than three years of imprisonment if the criminal offence was committed within a criminal organisation.

(2) A member (hereinafter: the member) of a criminal organisation with at least three persons shall be punished with a severer sentence under paragraph 1 of this Article if he commits the criminal offence to implement the criminal organisation’s plan in association with at least one member as an accessory or accomplice.

(3) In the case referred to in paragraph 2 of this Article, the leader of the criminal organisation, who led the implementation of the criminal plan or had at his disposal illegally gained property benefits at the time of committing the criminal offence based on the criminal plan, notwithstanding whether he participated at its implementation directly as the perpetrator or accessory pursuant to Articles 20 or 37 and 38 of this Penal Code, shall be punished the same as the perpetrator.

GENERAL PART

Chapter Fourteen
CRIMINAL OFFENCES AGAINST HUMANITY

Association and Incitement to Genocide, Crimes against Humanity or Aggression

Article 105

(1) Whoever establishes a criminal organisation to commit criminal offences under Articles 100 to 103 of this Penal Code shall be sentenced with imprisonment between one and ten years.

(2) Any person who becomes a member of the organisation referred to in the previous paragraph shall be sentenced with imprisonment between six months and five years.

(3) The perpetrator of the criminal offence under paragraphs 1 or 2 of this Article, who prevents the committing of criminal offences specified in paragraph 1 or declared the offence in due time, shall be sentenced with imprisonment of up to three years, or the sentence may also be remitted.

(4) Whoever incites or instigates to directly commit the criminal offences under Articles 100 to 103 of this Penal Code shall be sentenced with imprisonment between six months and five years.

GENERAL PART

Chapter Three

GENERAL PROVISIONS ON CRIMINAL OFFENCE

4. Participation in Criminal Offence

Liability of Members and Leaders of Criminal Organisation
Article 41

(1) A severer sentence may be prescribed for an intentional criminal offence with a prescribed sentence of more than three years of imprisonment if the criminal offence was committed within a criminal organisation.

(2) A member (hereinafter: the member) of a criminal organisation with at least three persons shall be punished with a severer sentence under paragraph 1 of this Article if he commits the criminal offence to implement the criminal organisation’s plan in association with at least one member as an accessory or accomplice.

(3) In the case referred to in paragraph 2 of this Article, the leader of the criminal organisation, who led the implementation of the criminal plan or had at his disposal illegally gained property benefits at the time of committing the criminal offence based on the criminal plan, notwithstanding whether he participated at its implementation directly as the perpetrator or accessory pursuant to Articles 20 or 37 and 38 of this Penal Code, shall be punished the same as the perpetrator.

GENERAL PART

Chapter Fourteen

CRIMINAL OFFENCES AGAINST HUMANITY

Association and Incitement to Genocide, Crimes against Humanity or Aggression
Article 105

(1) Whoever establishes a criminal organisation to commit criminal offences under Articles 100 to 103 of this Penal Code shall be sentenced with imprisonment between one and ten years.

(2) Any person who becomes a member of the organisation referred to in the previous paragraph shall be sentenced with imprisonment between six months and five years.

(3) The perpetrator of the criminal offence under paragraphs 1 or 2 of this Article, who prevents the committing of criminal offences specified in paragraph 1 or declared the offence in due time, shall be sentenced with imprisonment of up to three years, or the sentence may also be remitted.

(4) Whoever incites or instigates to directly commit the criminal offences under Articles 100 to 103 of this Penal Code shall be sentenced with imprisonment between six months and five years.

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