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 II
OF THE WILL AND AGE OF THE OFFENDER

36. Saving the powers of the Minister under the Children and Young Person (Care Orders) Act, minors under the age of fourteen but over nine who, acting with a mischievous discretion, shall commit an offence, shall be liable on conviction to the punishments established for contraventions:
Provided that the court may instead of sentencing the minor to a punishment apply the provisions of article 35(3) or (4):
Provided also that where the court is of the opinion that, when it takes into account the age of the offender, his previous conduct, the gravity of the fact of which he has been convicted and the degree of mischievous discretion shown by the offender as it appears from his conduct by which the offence was committed and from all the other circumstances of the offence, the punishments established for contraventions would not be appropriate, the court may sentence the person convicted to the punishment laid down for the offence decreased by three degrees provided that in no case may the punishment exceed four years imprisonment.

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 II
OF THE WILL AND AGE OF THE OFFENDER

39. (1) Deaf-mutes, who at the time of the offence have not attained the age of fourteen years, shall be exempted from any punishment established by law:
Provided that the provisions contained in article 35(3), (4) and (5) may be applied to such persons.

(2) Deaf-mutes, who at the time of the offence have attained the age of fourteen years and who have acted without a mis-chievous discretion, shall likewise be exempted from punishment:
Provided that the provisions contained in article 35(3), (4) and (5) may be applied to such persons.

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 II
OF THE WILL AND AGE OF THE OFFENDER

40. The following rules shall be observed in the case of deaf-mutes who have acted with a mischievous discretion:
(a) if at the time of the offence they have attained the age of fourteen but not the age of eighteen years, the provisions contained in articles 36 and 37 shall apply;

(b) if at the time of the offence they have attained the age of eighteen years -
(i) in the case of a crime liable to the punishment of imprisonment for life, they shall be liable to imprisonment for a term not exceeding twenty years;
(ii) in the case of any other crime, they shall be liable to the punishment established by law diminished by one-third;
(iii) in the case of contraventions, they shall be liable to the punishments established for
contraventions.

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.


43. Unless otherwise provided by law, an accomplice in a crime shall be liable to the punishment established for the principal.


44. Where two or more persons take part in the commission of a crime, the circumstances which refer solely to the person of any one of them individually, whether he be a principal or an accomplice, and which may exclude, aggravate, or mitigate the punishment in regard to him, shall not operate either in favour of, or against the other persons concerned in the same crime.


45. Where two or more persons take part in the commission of a crime, any act committed by any of such persons, whether he be a principal or an accomplice, which may aggravate the crime, shall only be imputable -
(a) to the person who commits the act;
(b) to the person with whose previous knowledge the act is committed; and
(c) to the person who, being aware of the act at the moment of its commission, and having the power to prevent it, does not do so.


46. Where the actual commission of a crime is established, an accomplice shall be liable to be punished,
independently of the principal, notwithstanding that such principal shall die or escape or be pardoned or otherwise delivered before conviction, or notwithstanding that the principal is not known.


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.

48. The provisions contained in this Title shall also apply to contraventions.

Article 25
Individual criminal responsibility
1. The Court shall have jurisdiction over natural persons pursuant to this Statute.
2. A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.
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;
(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;
(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;
(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:
(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or
(ii) Be made in the knowledge of the intention of the group to commit the crime;
(e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.
4. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law.