Tajikistan

Criminal Code of the Republic of Tajikistan (Excerpt)

GENERAL PART

SECTION II. CRIME

CHAPTER 7. Complicity

Article 39. Commission of a Crime by a Group of Persons, Organized Group or Confederacy (Criminal Organization)

(1) A crime is considered to be committed by a group of persons without preliminary collusion if perpetrators being involved in a crime didn't arrange about it beforehand.

(2) A crime is considered to be committed by a group of persons by preliminary collusion if perpetrators being involved in a crime arranged beforehand to commit it jointly.

(3) A crime is deemed to be committed by an organized group if it was committed by a stable group of persons who united beforehand for committing one or several crimes.

(4) A confederacy is deemed to be unification of two or several criminal groups for the purpose of repeated commission of felonies and especially grievous crimes , its activity is based on division of functions of control and execution of criminal aims between members of the confederacy and its structures.

(5) A crime is deemed to be committed by a confederacy if it was committed by a member (members) of such confederacy for fulfilling its criminal aims, as well as on the instructions of the confederacy by a person who is not the member of this confederacy.

(6) A person who has established an organized group or confederacy shall be subject to criminal liability in cases provided for by corresponding articles of the Special Part, as well as he shall bear criminal liability for all crimes committed by his intent. Other members of the confederacy or organized group bear criminal liability for participation in them and for crimes in which they were involved.

(7) Formation of an organized criminal group in the cases not provided by articles of the Special Part of the Code entails criminal liability for the preparation for those crimes for committing of which it is established.

(8) Persons indicated in the present article bear liability without reference to Article 37 of the General Part of the Code.

If an offender of a criminal organization or group appears voluntarily before law enforcement bodies and renders an active assistance in exposing criminal premeditation before committing a crime, he is not liable to a sentence.

Keywords

Common purpose
Conspiracy
Contribution



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