'Commission through another person' in document 'Malta - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

BOOK FIRST PENAL LAWS

PART I
OF PUNISHMENTS AND GENERAL RULES FOR THEIR APPLICATION, OF THE WILL AND AGE OF
THE OFFENDER, OF ATTEMPTED OFFENCE, OF ACCOMPLICES AND OF RECIDIVISTS

TITLE IV
OF ACCOMPLICES

42. A person shall be deemed to be an accomplice in a crime
if he -
(a) commands another to commit the crime; or
(b) instigates the commission of the crime by means of bribes, promises, threats, machinations, or culpable devices, or by abuse of authority or power, or gives instructions for the commission of the crime; or
(c) procures the weapons, instruments or other means used in the commission of the crime, knowing that they are to be so used; or
(d) not being one of the persons mentioned in paragraphs (a), (b) and (c), in any way whatsoever knowingly aids or abets the perpetrator or perpetrators of the crime in the acts by means of which the crime is prepared or completed; or
(e) incites or strengthens the determination of another to commit the crime, or promises to give assistance, aid or reward after the fact.

BOOK FIRST PENAL LAWS

PART I
OF PUNISHMENTS AND GENERAL RULES FOR THEIR APPLICATION, OF THE WILL AND AGE OF
THE OFFENDER, OF ATTEMPTED OFFENCE, OF ACCOMPLICES AND OF RECIDIVISTS

TITLE IV
OF ACCOMPLICES

47. Any person who -
(a) constrains another person by an external force which such other person could not resist, to commit an offence; or
(b) participates by any of the acts specified in article 42 in an offence committed by any other person who is according to law exempt from criminal responsibility,
shall himself be guilty of that offence as a principal offender.

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