Title V. Penal Code
Chapter 4. Inchoate Crimes.
§ 402. Conspiracy.
1. No person shall be convicted of conspiracy to
commit a crime unless it can be proven that he, with another person or persons, with the
intent of promoting or facilitating the commission of a crime
a.
agrees with such other person or persons that they or one or more of them will engage in
conduct that constitutes the crime or an attempt or solicitation to commit the crime and
an overt act in pursuance of such conspiracy and strongly corroborative of the
conspiracy's criminal intent is alleged and proven to have been done by him or by a person
with whom he conspired; or
b.
agrees to be an accomplice to such other person or persons in the planning or commission
of such crime or of an attempt or solicitation to commit such crime and an overt act in
pursuance of such conspiracy and strongly corroborative of the conspiracy's criminal
intent is alleged and proven to have been done by him or by a person with whom he
conspired.
2. If a person whose conduct would make him guilty of conspiracy knows that a person with whom he conspires to commit a crime has conspired with another person or persons to commit the same crime, he is guilty of conspiring with such other person or persons, whether or not he knows their identity, to commit the crime.
3. It is an affirmative defence that the defendant, after conspiring to commit a crime, thwarted or attempted to thwart the success of the conspiracy, under circumstances manifesting a complete and voluntary renunciation of his criminal intent.
4. Conspiracy is a continuing course of conduct that terminates when the crime or crimes that are its object are committed or the agreement that they be committed is abandoned by the defendant and by those with whom he conspired.
5. Abandonment is presumed if neither the
defendant nor anyone with whom he conspired does any overt act in pursuance of the
conspiracy during the applicable period of limitation. If the defendant abandons the
agreement, the conspiracy is terminated as to him only if and when he advises those with
whom he conspired of his abandonment or he informs the law enforcement authorities of the
existence of the conspiracy.
Chapter 4
§ 401
§ 500