GENERAL PART

CHAPTER TWO
THE OFFENCE

FIRST TITLE
FOUNDATIONS OF CRIMINAL LIABILITY

Section 14
Acting for another

(1) If a person acts :

1. in his capacity as an organ authorised to represent a legal entity or as a member of such an organ ;
2. as a partner authorised to represent a partnership with independent legal capacity ; or
3. as a statutory representative of another,
any law according to which special personal attributes, relationships or circumstances (special personal characteristics) form the basis of criminal liability, shall apply to the representative, if these characteristics do not exist in his person but in the entity, partnership or person represented.

(2) If a person, whether by the owner of a business or somebody delegated by him, has been

1. commissioned to manage the business, in whole or in part ; or
2. expressly commissioned to perform autonomous duties which are incumbent on the owner of the business,
and the person acts on the basis of this commission, any law, according to which special personal characteristics give rise to criminal liability shall apply to the person commissioned, if these characteristics do not exist in his but in the person of the owner of the business. Within the meaning of the 1st sentence above an enterprise shall be the equivalent of a business. If a person acts on
the basis of a similar commission for an agency performing public administrative services, the first sentence shall apply mutatis mutandis.

(3) Subsections (1) and (2) above shall apply even if the act of commission intended to create the power of representation or the agency is void.

GENERAL PART

CHAPTER TWO
THE OFFENCE

THIRD TITLE
PRINCIPALS AND SECONDARY PARTICIPANTS

Section 25
Principals

(1) Any person who commits the offence himself or through another shall be liable as a principal.

GENERAL PART

CHAPTER TWO
THE OFFENCE

THIRD TITLE
PRINCIPALS AND SECONDARY PARTICIPANTS

Section 26
Abetting

Any person who intentionally induces another to intentionally commit an unlawful act (abettor) shall be liable to be sentenced as if he were a principal.

GENERAL PART

CHAPTER TWO
THE OFFENCE

THIRD TITLE
PRINCIPALS AND SECONDARY PARTICIPANTS

Section 27
Aiding

(1) Any person who intentionally assists another in the intentional commission of an unlawful act shall be convicted and sentenced as an aider.

(2) The sentence for the aider shall be based on the penalty for a principal. It shall be mitigated pursuant to section 49(1).

Article 25
Individual criminal responsibility
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible

This provision follows the ICC Statute.