Canada

Criminal Code

Criminal Code of Canada

PART XIII - ATTEMPTS — CONSPIRACIES — ACCESSORIES

467.11 (1) Every person who, for the pur¬pose of enhancing the ability of a criminal organization to facilitate or commit an indictable offence under this or any other Act of Parliament, knowingly, by act or omission, participates in or contributes to any activity of the criminal organization is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

(2) In a prosecution for an offence under subsection (1), it is not necessary for the prosecutor to prove that

(a) the criminal organization actually facilitated or committed an indictable offence;

(b) the participation or contribution of the accused actually enhanced the ability of the criminal organization to facilitate or commit an indictable offence;

(c) the accused knew the specific nature of any indictable offence that may have been facilitated or committed by the criminal organization; or

(d) the accused knew the identity of any of the persons who constitute the criminal organization.

(3) In determining whether an accused participates in or contributes to any activity of a criminal organization, the Court may consider, among other factors, whether the accused

(a) uses a name, word, symbol or other representation that identifies, or is associated with, the criminal organization;

(b)frequently associates with any of the persons who constitute the criminal organization;
receives any benefit from the criminal organization; or

(c) repeatedly engages in activities at the instruction of any of the persons who constitute the criminal organization.

467.12 (1) Every person who commits an indictable offence under this or any other Act of Parliament
for the benefit of, at the direction of, or in association with, a criminal organization is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Keywords

Individual criminal responsibility
Common purpose
Conspiracy
Contribution
Joint commission



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