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Report No. 43

7.4. Prohibited by law in some countries.-

We notice that the laws of many countries prohibit the formation of such groups. Thus in England, quasi-military organisations are penalised by statute as follows.1-

"If the members or adherents of any association of persons, whether incorporated or not, are:-

(a) organised or trained or equipped for the purpose of enabling them to be employed in usurping the functions of the police or of the armed forces of the Crown; or

(b) organised and trained or organised and equipped either for the purpose of enabling them to be employed for the use or display of physical force in promoting any political object, or in such manner as to arouse reasonable apprehension that they are organised and either trained or equipped for that purpose; then any person who takes part in the control or management of the association, or in so organising or training as aforesaid any members or adherents thereof, shall be guilty of an offence under this section."

In Denmark, the Penal Code has a provision2 punishing, with imprisonment upto six years, "participation in, or substantial support to, any corps, group or association which intends, by the use of force, to influence public affairs or to disturb public order." The same section punishes participation in "unlawful military organisation" (not defined) with fine, simple detention or (in aggravating circumstances) imprisonment upto two years.

The French Penal Code has, in the chapter entitled "Felonies against the Internal Security of the State," a provision3 punishing a person, who raises or causes to be raised an armed force, enlists or causes enlistment of soldiers or supplies or provides them with arms and ammunition without legitimate authority.

The Russian Penal Code has4, under the Chapter "Crimes against the State," a group of sections under the head "Especially dangerous crimes against the State." One of these sections punishes organisational activity directed to the preparation or commission of especially dangerous crimes against the State or to the creation of an organisation which has for its purpose the commission of such crimes, or participation in an anti-Soviet organisation.

1. Section 2(1), Public Order Act, 1936.

2. Section 114, Danish Penal Code.

3. Article 92, French Penal Code.

4. Section 72, read with sections 64-71, R.S.F.S.R. Penal Code.

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