SPECIAL PART

TITLE THIRTY -TWO
CRIMINAL OFFENCES AGAINST PUBLIC LAW AND ORDER

Criminal Association

Article 401
(1) Anyone who organizes a group or other association with a view to commit criminal offences punishable by a prison term of one year or longer shall be punished by a prison term up to three years.

(2) Where the offence under para. 1 above refers to an association that aims to commit criminal offences punishable by a prison term of five years or longer, the mastermind of the association shall be punished by a prison term from one to eight years, and a member of the association by a prison term up to two years.

(3) Where the offence under para. 1 above refers to an association that aims to commit criminal offences punishable by a fifteen year prison term, the mastermind of the association shall be punished by a prison term from two to twelve years, and a member of the association by a prison term up to three years.

(4) Where the offence under para. 1 above refers to an association that aims to commit criminal offences punishable by a twenty year prison term or a forty year prison term, the mastermind of the association shall be punished by a prison term not shorter than ten years or a thirty year prison term, and a member of the association by a prison term from six months to five years.

(5) The mastermind of the association referred to in paras 1 to 4 above who reveals the association or otherwise prevents the commission of criminal offences for which the association was founded shall be punished by a prison term up to three years, and his punishment may also be remitted.

(6) Punishment may also be remitted where a member of the association referred to in paras 2, 3 and 4 above reveals the association and contributes to its revelation.

(7) The organizer and a member of the association who commits a criminal offence as a member of association shall be punished for that criminal offence as well.

Establishment of Criminal Organization

Article 401a
(1) Whoever organizes a criminal organization aimed at committing criminal offences punishable by law by a prison term of four years or a more severe punishment shall be punished by a prison term from three to fifteen years.

SPECIAL PART

TITLE THIRTY -TWO
CRIMINAL OFFENCES AGAINST PUBLIC LAW AND ORDER

Establishment of Criminal Organization

Article 401a

(2) A member of the criminal organization referred to in para. 1 above shall be punished by a prison term from one to eight years.

(3) The mastermind of a criminal organization who prevents the commission of criminal offences for the purpose of which the organization was created by revealing the criminal organization or otherwise shall be punished by a prison term from three months to three years and his punishment may also be remitted.

(4) A member of a criminal organization who reveals the criminal organization or contributes to it being revealed shall be punished by a prison term up to one year, and his punishment may also be remitted.

(5) The mastermind and a member of a criminal organization who commits a criminal offence as a member of criminal organization shall be punished for that offence as well.

(6) The criminal organization referred to in para. 1 above shall be considered to include the organization composed of three or more persons which has as its objective the commission of criminal offences punishable by law by a four year prison term or a more severe punishment for the purpose of obtaining unlawful gain or power, provided that minimum three of the following conditions are met :

1) that each member of the criminal organization had a predefined or obviously definable task or role ;
2) that activities of the criminal organization have been planned for a longer period of time or for an unlimited period ;
3) that the activities of the criminal organization are based on the application of certain rules of internal control and member discipline ;
4) that the activities of the criminal organization are planned and implemented in international proportions ;
5) that activities of the criminal organization include the application of violence or intimidation or that there is readiness for their application ;
6) that activities of the criminal organization include the use of economic or business structures ;
7) that activities of the criminal organization include laundering of money or illicit proceeds or
8) that there is an influence of the criminal organization or its part upon the political authority, media, legislative, executive or judicial powers or other important social or economic factors.

SPECIAL PART

TITLE THIRTY-FIVE
CRIMINAL OFFENCES AGAINST HUMANITY AND OTHER VALUES GUARANTEED BY INTERNATIONAL LAW

Organization and instigation to Commit genocide and war crimes

Article 431
(1) Anyone who conspires with another to commit any of the criminal offence under Articles 426 to 430 hereof shall be punished by a prison term from three months to three years.

(2) Anyone who organizes a group in view of committing any of the criminal offences under para. 1 above shall be punished by a prison term from five to fifteen years.

(3) Anyone who becomes a member of the group referred to in para. 1 above shall be punished by a prison term from one to eight years.

(4) A perpetrator of the offences under paras 1 and 3 above who discloses the conspiracy or group before committing a criminal offence as its member or on behalf of the group, and a perpetrator of the offence under para. 2 above who prevents the commission of the offences under para. 1 above may receive a lighter punishment.

(5) Anyone who calls for or incites to the commission of any of the criminal offences under Articles 426 to 430 hereof shall be punished by a prison term from two to ten 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