'Individual commission' in document 'Germany - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

CHAPTER ONE
THE CRIMINAL LAW

FIRST TITLE
APPLICATION, JURISDICTION RATIONE LOCI ET TEMPORIS

Section 9
Place of the offence

(1) An offence is deemed to have been committed in every place where the offender acted or, in the case of an omission, should have acted, or in which the result if it is an element of the offence occurs or should have occurred according to the intention of the offender.

(2) Acts of secondary participation are committed not only in the place where the offence was committed, but also in every place where the secondary participant acted or, in the case of an omission, should have acted or where, according to his intention, the offence should have been committed. If the secondary participant to an offence committed abroad acted within the territory of the Federal Republic of Germany, German criminal law shall apply to the secondary participation even though the act is not a criminal offence according to the law of the locality of its commission.

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 29
Separate criminal liability of the accomplice

Each accomplice shall be liable according to the measure of his own guilt and irrespective of the guilt of the others.

RELEVANT ROME STATUTE PROVISIONS

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

ANALYSIS

This provision follows the ICC Statute.