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40 Travaux préparatoires: United Nations Convention against Transnational Organized CrimeRolling text (A/AC.254/4)“Article 3“Participation in a criminal organization 1“1. Each State Party shall undertake, in accordance with the fundamental principlesof its domestic legal system, to make punishable one or both of the followingtypes of conduct:“(a) Conduct by any person consisting of an agreement with one or more personsthat an activity should be pursued, which, if carried out, would amount to thecommission of crimes or offences that are punishable by imprisonment or other deprivationof liberty of at least [...] years; or“(b) Conduct by any person who participates in a criminal organization, wheresuch participation is intentional and is either with the aim of furthering the generalcriminal activity or criminal purpose of the group or made in the knowledge of theintention of the group to commit offences.“2. Nothing contained in this article shall affect the principle that the descriptionof the offences to which it refers and of legal defences thereto is reserved to thedomestic law of a State Party and that such offences shall be prosecuted and punishedin conformity with that law.”Rolling text (A/AC.254/4/Rev.1)“Option 1“Article 3“Participation in a criminal organization“1. Each State Party shall undertake, in accordance with the fundamental principlesof its domestic legal system, to make punishable one or both of the followingtypes of conduct:“(a) Conduct by any person consisting of an agreement with one or more personsthat an activity should be pursued, which, if carried out, would amount to thecommission of crimes or offences that are punishable by imprisonment or other deprivationof liberty of at least [...] years; or“(b) Conduct by any person who participates in a criminal organization, wheresuch participation is intentional and is either with the aim of furthering the generalcriminal activity or criminal purpose of the group or made in the knowledge of theintention of the group to commit offences.“2. Nothing contained in this article shall affect the principle that the descriptionof the offences to which it refers and of legal defences thereto is reserved to thedomestic law of a State Party and that such offences shall be prosecuted and punishedin conformity with that law.1It was suggested that this article provided a good basis for discussion, since it served as a bridge between civil andcommon law systems. However, one delegation considered the concept to be complex, requiring further analysis.