
Contents
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A Background and Purpose A Background and Purpose
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B Negotiating History B Negotiating History
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1 Origin and early drafts 1 Origin and early drafts
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2 Ad Hoc Committee discussions 2 Ad Hoc Committee discussions
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C Interpretation C Interpretation
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1 Paragraph 1 1 Paragraph 1
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(a) ‘Conspiracy-style’ offence: subparagraph (a)(i) (a) ‘Conspiracy-style’ offence: subparagraph (a)(i)
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(i) Preliminary considerations (i) Preliminary considerations
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(ii) The conspiracy-style offence in UNTOC (ii) The conspiracy-style offence in UNTOC
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(iii) Implementation of the conspiracy-style offence. (iii) Implementation of the conspiracy-style offence.
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(b) ‘Participation-style’ offence: subparagraph (a)(ii) (b) ‘Participation-style’ offence: subparagraph (a)(ii)
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(i) Preliminary considerations (i) Preliminary considerations
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(ii) The participation-style offence in UNTOC (ii) The participation-style offence in UNTOC
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(iii) The implementation of the participation-style offence (iii) The implementation of the participation-style offence
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(c) Secondary liability: subparagraph (b) (c) Secondary liability: subparagraph (b)
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2 Paragraph 2 2 Paragraph 2
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3 Paragraph 3 3 Paragraph 3
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Article 5 Criminalization of Participation in an Organized Criminal Group
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Published:June 2023
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Abstract
This chapter looks into Article 5 taking the role as one of the core articles of the United Nations Convention against Transnational Organized Crime (UNTOC) that promoted some level of harmonization and cooperation. It aims to criminalize participation in an organized criminal group as defined in Article 2(a). The compromise solution between common law and civil law traditions resulted in requiring States Parties to criminalize either or both of two distinct types of conduct, amenable to the two legal traditions. Moreover, the compromise solution was directly inspired by the European Union Joint Action 733 of 1998. The limitation of Article 5 revolves around its wording since State Parties can maintain their traditional approaches, which may hinder international cooperation and harmonization.
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