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Part Two. Article 5 363“3. The knowledge, intent or purpose required to commit an <strong>of</strong>fence set forthin article 2 bis <strong>of</strong> <strong>this</strong> Protocol may be inferred from objective factual circumstances.”Notes by the Secretariat7. At its eleventh session, the Ad Hoc Committee considered, finalized and approvedarticle 3, as amended on the basis <strong>of</strong> a proposal submitted by Azerbaijan (seeA/AC.254/5/Add.36). According to that proposal, in paragraph 1, the words “such measures”should be replaced with the words “such legislative and other measures” and thewords “where such conduct is intentional” should be added after the word “Protocol”.Azerbaijan also proposed that, in subparagraph 2 (b), the phrase “participating as an accomplicein” should be deleted to avoid tautology. Finally, the Ad Hoc Committee approvedthe initial wording <strong>of</strong> paragraph 2 (b) and (c), as contained in <strong>document</strong> A/AC.254/4/Add.3/Rev.6. It was decided that paragraph 3 should be deleted and that the phrase “andshall impose penalties that take into account the grave nature <strong>of</strong> those <strong>of</strong>fences” in paragraphs1 and 2 should also be deleted. It was further decided that the phrase “under theirdomestic law” in paragraph 2 should be rephrased to read “subject to the basic concepts<strong>of</strong> … legal system” and moved to subparagraph 2 (a). The last amendments are reflectedin the final text <strong>of</strong> the protocol, as included in the report <strong>of</strong> the Ad Hoc Committee(A/55/383, sect. IV, draft resolution, annex II), that was submitted to the General Assemblyfor adoption pursuant to resolution 54/126 <strong>of</strong> 17 December 1999.B. Approved text adopted by the General Assembly(see resolution 55/25, annex II)Article 5Criminalization1. Each State Party shall adopt such legislative and other measures asmay be necessary to establish as criminal <strong>of</strong>fences the conduct set forth in article3 <strong>of</strong> <strong>this</strong> Protocol, when committed intentionally.2. Each State Party shall also adopt such legislative and other measuresas may be necessary to establish as criminal <strong>of</strong>fences:(a) Subject to the basic concepts <strong>of</strong> its legal system, attempting to commitan <strong>of</strong>fence established in accordance with paragraph 1 <strong>of</strong> <strong>this</strong> article;(b) Participating as an accomplice in an <strong>of</strong>fence established in accordancewith paragraph 1 <strong>of</strong> <strong>this</strong> article; and(c) Organizing or directing other persons to commit an <strong>of</strong>fence establishedin accordance with paragraph 1 <strong>of</strong> <strong>this</strong> article.

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