'Conspiracy' in document 'Bosnia and Herzegovina- Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

SPECIAL PART

XVII C H A P T E R S E V E N T E E N
CRIMES AGAINST HUMANITY AND VALUES PROTECTED BY INTERNATIONAL LAW

Organising a Group of People and Instigating the Perpetration of Genocide, Crimes against Humanity and War Crimes
Article 176

(1) Whoever organises a group of people for the purpose of perpetrating criminal offence referred to in Articles 171 (Genocide), 172 (Crimes against Humanity), 173 (War Crimes against Civilians), 174 (War Crimes against the Wounded and Sick) or 175 (War Crimes against Prisoners of War) of this Code,
shall be punished by imprisonment for a term not less than ten years or long-term imprisonment.
(2) Whoever becomes a member of a group of people referred to in paragraph 1 of this Article, shall be punished by imprisonment for a term between one and ten years.
(3) A member of a group of people referred to in paragraph 1 of this Article who exposes the group before he has perpetrated a criminal offence in its ranks or on its account,
shall be punished by a fine or imprisonment for a term not exceeding three years, but may also be released from punishment.
(4) Whoever calls on or instigates the perpetration of criminal offence referred to in Articles 171 through 175 of this Code,
shall be punished by imprisonment for a term between one and ten years .

SPECIAL PART

XXII C H A P T E R T W E N T Y – T W O
CONSPIRACY, PREPARATION, ASSOCIATING AND ORGANISED CRIME

Conspiracy to Perpetrate a Criminal Offence
Article 247

Whoever agrees with another to perpetrate a criminal offence prescribed by the law of Bosnia and Herzegovina, for which a punishment of imprisonment of three years or a more severe punishment may be imposed, unless a heavier punishment is foreseen for conspiracy of a particular criminal offence,
shall be punished by a fine or imprisonment for a term not exceeding one year.

SPECIAL PART

XXII C H A P T E R T W E N T Y – T W O
CONSPIRACY, PREPARATION, ASSOCIATING AND ORGANISED CRIME

Associating for the Purpose of Perpetrating Criminal Offences
Article 249

(1) Whoever organises or directs at any level a group of people or otherwise associates three or more persons with an aim of perpetrating criminal offences prescribed by the law of Bosnia and Herzegovina, unless a heavier punishment is foreseen for such organising or associating for the purpose of perpetrating a particular criminal offence,
shall be punished by imprisonment for a term between one and ten years.
(2) Whoever becomes a member of the group of people or an association referred to in paragraph 1 of this Article, shall be punished by a fine or imprisonment for a term not exceeding three year.
(3) A member of the group who exposes such a group or a member of the association who exposes such an association prior to his having perpetrated criminal offence within its ranks or for its sake,
may be released from punishment.
(4) The organiser who prevents the perpetration of the criminal offences referred to in paragraph 1 of this Article by exposing the group or association or otherwise,
shall be punished by a fine or imprisonment for a term not exceeding one year, but may be released from punishment.


Organised crime
Article 250

(1) Whoever perpetrates a criminal offence prescribed by the law of Bosnia and Herzegovina as a member of a group for organised crime, unless a heavier punishment is foreseen for a particular criminal offence,
shall be punished by imprisonment for a term not less than three years.
(2) Whoever as a member of a group for organised crime perpetrates a criminal offence prescribed by the law of Bosnia and Herzegovina, for which a punishment of imprisonment of five years years or a more severe punishment may be imposed, unless a heavier punishment is foreseen for a particular criminal offence,
shall be punished by imprisonment for a term not less than five years.
(3) Whoever organises or directs at any level a group for organised crime which by joint action perpetrates or attempts to perpetrate criminal offence prescribed by the law of Bosnia and Herzegovina,
shall be punished by imprisonment for a term not less than ten years or a long-term imprisonment.
(4) Whoever becomes a member of a group for organised crime which by joint action perpetrates or attempts to perpetrate criminal offence prescribed by the law of Bosnia and Herzegovina, unless a heavier punishment is foreseen for a particular criminal offence,
shall be punished by imprisonment for a term not less than one year.
(5) A member of a group for organised crime referred to in paragraph 1 through 4 of this Article, who exposes that group,
may be released from punishment.

RELEVANT ROME STATUTE PROVISIONS

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