Bosnia and Herzegovina

Criminal Code of Bosnia and Herzegovina

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.


Preparation of a Criminal Offence
Article 248

Whoever procures or prepares means or removes obstacles or engages in any other activity that creates conditions for a direct perpetration, but is not a substantive part of the act of perpetration, of 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 preparation of a particular criminal offence,
shall be punished by a fine or imprisonment for a term not exceeding three years.

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.

Keywords

Individual criminal responsibility
National penalties - maximum penalty



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