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
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.