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16. Offences against Finance and Trade |
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Article 133-Offences
involving blockade, prevention of lawful business |
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| 133.1 |
Prevention of conducting lawful business |
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Prevention of conducting lawful business is when any enterprise that is lawfully permitted to conduct its business and trade is impeded and/or prevented from doing so to such an extent that the business incurs a significant loss of its otherwise income. |
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Primary Fact(s) |
| 1. That a lawful enterprise was prevented from conducting business at the time of the offence; and |
| 2. That the prevention of business caused the enterprise to sustain losses that otherwise would not normally have occurred; and |
| 3. That the obstruction preventing lawful business of the enterprise was itself unlawful; and |
| 4. That the actions of the accused contributed to the obstruction; and |
| 5. That accused and any other men and women involved in the obstruction were warned that their action was unlawful and called to withdraw; and |
| 6. That accused did not comply to the warning as instructed in the time instructed. |
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Penalty Conditions (Level 2-Crime) |
Type |
Condition(s) |
1-3 |
a) if total value of lost business is less than 1 times annual average wages; |
4-6 |
a) if total value of lost business is more than 1 times and less than 4 times annual average wages; |
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Penalty Conditions (Level 3-Crime) |
Type |
Condition(s) |
1-3 |
a) if total value of lost business is more than 4 times and less than 8 times annual average wages; |
4-6 |
a) if total value of lost business is more than 8 times and less than 12 times annual average wages; |
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Penalty Conditions (Level 4-Crime) |
Type |
Condition(s) |
1-3 |
a) if total value of lost business is more than 12 times and less than 30 times annual average wages; |
4-6 |
a) if total value of lost business is more than 30 times annual average wages; |
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