A/AC.291/L.15 3. Such liability shall be without prejudice to the criminal liability of the natural persons who have committed the offences. 4. Each State Party shall, in particular, ensure that legal persons held liable in accordance with this article are subject to effective, proportionate and dissuasive criminal or non-criminal sanctions, including monetary sanctions. Article 19. Participation and attempt [agreed ad referendum] 1. Each State Party shall adopt such legislative and other measures as may be necessary to establish as a criminal offence, in accordance with its domestic law, when committed intentionally, the participation in any capacity, such as that of an accomplice, assistant or instigator, in an offence established in accordance with this Convention. 2. Each State Party may adopt the necessary legislative and other measures to establish as a criminal offence, in accordance with its domestic law, when committed intentionally, any attempt to commit an offence established in accordance with this Convention. 3. Each State Party may adopt the necessary legislative and other measures to establish as a criminal offence, in accordance with its domestic law, when committed intentionally, the preparation for an offence established in accordance with this Convention. Article 20. Statute of limitations [agreed ad referendum] Each State Party shall, where appropriate, considering the gravity of the crime, establish under its domestic law a long statute of limitations period in which to commence proceedings for any offence established in accordance with this Convention and establish a longer statute of limitations period or provide for the suspension of the statute of limitations where the alleged offender has evaded the administration of justice. Article 21. Prosecution, adjudication and sanctions [agreed ad referendum] 1. Each State Party shall make the commission of an offence established in accordance with this Convention liable to effective, proportionate and dissuasive sanctions that take into account the gravity of the offence. 2. Each State Party may adopt, in accordance with its domestic law, such legislative and other measures as may be necessary to establish aggravating circumstances in relation to the offences established in accordance with this Convention, including circumstances that affect critical information infrastructures. 3. Each State Party shall endeavour to ensure that any discretionary legal powers under its domestic law relating to the prosecution of persons for offences established in accordance with this Convention are exercised in order to maximize the effectiveness of law enforcement measures in respect of those offences and with due regard to the need to deter the commission of such offences. 4. Each State Party shall ensure that any person prosecuted for offences established in accordance with this Convention enjoys all rights and guarantees in conformity with domestic law and consistent with the applicable international obligations of the State Party, including the right to a fair trial and the rights of the defence. 5. In the case of offences established in accordance with this Convention, each State Party shall take appropriate measures, in accordance with its domestic law and with due regard to the rights of the defence, to seek to ensure that conditions imposed in connection with decisions on release pending trial or appeal take into consideration the need to ensure the presence of the defendant at subsequent criminal proceedings. 10/41 V.24-14137

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