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11. Offences
against military justice
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Article 68-Offences
of conspiracy
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| 68.1 |
Conspiracy |
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Conspiracy is when persons work together by agreement to commit an illegal act. By definition, there shall be only two types of conspiracy offences -A conspiracy that may exist when the parties use legal means to accomplish an illegal result, or a conspiracy to use illegal means to achieve something that in itself is lawful.
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| 68.2 |
Conspiracy of using legal means to accomplish illegal result |
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Conspiracy is when persons work together by agreement to commit an illegal act. By definition, there shall be only two types of conspiracy offences -A conspiracy that may exist when the parties use legal means to accomplish an illegal result, or a conspiracy to use illegal means to achieve something that in itself is lawful.
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Primary Fact(s) |
| 1. That a conspiracy concerning the use of legal means to accomplish an illegal act was discovered at a place and time; |
| 2. That the actions of the accused contributed to the conspiracy; |
| 3. That the actions of the accused were done with the knowledge of the goal of an illegal result and the intent to participate in a conspiracy; |
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Penalty Conditions (Level 3-Offence) |
Type |
Condition(s) |
1-3 |
a) total value of compiracy at less than one times average wage earner salary; |
4-6 |
a) total value of compiracy at more than 1 times and less than 3 times average wage earner salary; |
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Penalty Conditions (Level 4-Offence) |
Type |
Condition(s) |
1-3 |
a) total value of compiracy at more than 3 times and less than 6 times average wage earner salary; |
4-6 |
a) total value of compiracy at more than 6 times and less than 12 times average wage earner salary; |
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Penalty Conditions (Level 5-Offence) |
Type |
Condition(s) |
1-3 |
a) total value of compiracy at more than 12 times and less than 24 times average wage earner salary; |
4-6 |
a) total value of compiracy at more than 24 times average wage earner salary; |
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| 68.3 |
Conspiracy of using illlegal means to accomplish legal result |
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Conspiracy is when persons work together by agreement to commit an illegal act. By definition, there shall be only two types of conspiracy offences -A conspiracy that may exist when the parties use legal means to accomplish an illegal result, or a conspiracy to use illegal means to achieve something that in itself is lawful.
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Primary Fact(s) |
| 1. That a conspiracy concerning the use of illegal means to accomplish a legal act was discovered at a place and time; |
| 2. That the actions of the accused contributed to the conspiracy; |
| 3. That the actions of the accused were done with the knowledge of the goal of a legal result and the intent to participate in a conspiracy; |
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Penalty Conditions (Level 3-Offence) |
Type |
Condition(s) |
1-3 |
a) total value of compiracy at less than one times average wage earner salary; |
4-6 |
a) total value of compiracy at more than 1 times and less than 3 times average wage earner salary; |
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Penalty Conditions (Level 4-Offence) |
Type |
Condition(s) |
1-3 |
a) total value of compiracy at more than 3 times and less than 6 times average wage earner salary; |
4-6 |
a) total value of compiracy at more than 6 times and less than 12 times average wage earner salary; |
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Penalty Conditions (Level 5-Offence) |
Type |
Condition(s) |
1-3 |
a) total value of compiracy at more than 12 times and less than 24 times average wage earner salary; |
4-6 |
a) total value of compiracy at more than 24 times average wage earner salary; |
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