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Article 5.Criminalization <strong>of</strong> participation inan organized criminal groupA. Negotiation textsFirst session: 19-29 January 1999France (A/AC.254/5)“Article 4“Offences and sanctions“1. Each State Party shall undertake to treat, in conformity with its domesticlegal system, the following as criminal <strong>of</strong>fences carrying effective, proportionate anddeterrent sanctions:“(a)“(b)Participation in a criminal organization;Money-laundering.“2. For the purposes <strong>of</strong> applying paragraph 1 (b) <strong>of</strong> <strong>this</strong> article:“(a) The question <strong>of</strong> whether the principal <strong>of</strong>fence falls under the criminal jurisdiction<strong>of</strong> the State Party shall be deemed irrelevant;“(b) It may be stipulated that the <strong>of</strong>fence <strong>of</strong> money-laundering does not applyto the persons who have committed the principal <strong>of</strong>fence;“(c) Knowledge, intention or final purpose, as constituents <strong>of</strong> the <strong>of</strong>fence <strong>of</strong>money-laundering, may be deduced from objective factual circumstances.“3. Each State Party shall aggravate sentences for crimes or <strong>of</strong>fences committedwithin the framework <strong>of</strong> [in relation with] a criminal organization as defined underarticle 2 <strong>of</strong> <strong>this</strong> Convention.“4. Each State Party shall also adopt measures to make the following liable tocriminal sanctions:“(a) Attempting to commit <strong>of</strong>fences as defined under paragraphs 1 and 3 <strong>of</strong> <strong>this</strong>article;“(b) Acting as an accomplice to the <strong>of</strong>fences mentioned under paragraph 1 (b)and paragraph 3 <strong>of</strong> <strong>this</strong> article;“(c) Knowingly pr<strong>of</strong>iting from a crime or <strong>of</strong>fence committed by a criminalorganization.”39

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