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.
Individual criminal responsibility
Common purpose
Conspiracy
Contribution
Joint commission
National penalties - maximum penalty
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