Article 4. Protection of sovereignty
1. States Parties shall carry out their obligations under this Convention
in a manner consistent with the principles of sovereign equality and territorial
integrity of States and that of non-intervention in the domestic affairs of other
States.
2. Nothing in this Convention entitles a State Party to undertake in the
territory of another State the exercise of jurisdiction and performance of functions that are reserved exclusively for the authorities of that other State by its
domestic law.
Article 5. Criminalization of participation in an
organized criminal group
1. Each State Party shall adopt such legislative and other measures as
may be necessary to establish as criminal offences, when committed intentionally:
(a) Either or both of the following as criminal offences distinct from
those involving the attempt or completion of the criminal activity:
(i) Agreeing with one or more other persons to commit a serious
crime for a purpose relating directly or indirectly to the obtaining of a financial or other material benefit and, where required
by domestic law, involving an act undertaken by one of the
participants in furtherance of the agreement or involving an
organized criminal group;
(ii) Conduct by a person who, with knowledge of either the aim and
general criminal activity of an organized criminal group or its
intention to commit the crimes in question, takes an active part
in:
a. Criminal activities of the organized criminal group;
b. Other activities of the organized criminal group in the
knowledge that his or her participation will contribute to the
achievement of the above-described criminal aim;
(b) Organizing, directing, aiding, abetting, facilitating or counselling the
commission of serious crime involving an organized criminal group.
2. The knowledge, intent, aim, purpose or agreement referred to in paragraph 1 of this article may be inferred from objective factual circumstances.
3. States Parties whose domestic law requires involvement of an organized criminal group for purposes of the offences established in accordance with
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