General Part

Section 2.

Crime.

Chapter 7.

Complicity.

Article 37. The notion of complicity.
Willful joint participation of two or more persons in a willful crime is considered complicity .

Article 38. Types of accomplices.
1. The organizer, the abettor and the helper are considered the accomplices to the perpetrator.
2. The perpetrator is the person who immediately committed the crime or immediately participated in its committal with other persons (accomplices), as well as the one who committed the crime through the use of persons not subject to legal criminal liability or the persons who committed a crime through negligence.
3. The organizer is the person who arranged or directed the committal of the crime, as well as, the one who created an organized group for committal of crime or criminal association or directed the latter.
4. The abettor is the person who abetted another person to the committal of crime through persuasion, financial incentive, threat or other means.
5. The helper is the person who assisted to the crime through pieces of advice, instructions, information or provided means, tools, or eliminated obstacles, as well as, the person who had previously promised to harbor the criminal, to hide the means and tools of crime, the traces of the crime or the items procured through crime, as well as, also, the person who had previously promised to acquire or sell such items.

Article 39. The liability of accomplices.
1. The co-perpetrators are subject to liability for the crime under the same article of this Code.
2. The organizer, the abettor and the perpetrator are subject to liability under the article which envisages the committed crime, referring to Article 38 of this Code, except those cases when they were at the same time the co-perpetrators of the crime.
3. The person who is not a special subject of the crime in the article of the Special Part of this Code, who participated in the committal of the crime envisaged in this Article, can be liable for this crime only as an organizer, an abettor or helper.
4. In the case when the crime was not completed for reasons beyond control of the perpetrator, the other accomplices are liable for the preparation of the crime or for complicity in the attempt at the crime.
5. If the organizer, the abettor or the helper fail in their actions for reasons beyond their control, then these persons are liable for the preparation of the respective crime.
6. The accomplices are subject to liability only for those aggravating circumstances of the crime of which they were aware.
7. When subjecting the accomplices to liability, the nature and degree of the participation of each of them in the crime are taken into account.

General Part

Section 2.

Crime.

Chapter 7.

Complicity.

Article 37. The notion of complicity.

Willful joint participation of two or more persons in a willful crime is considered complicity.

General Part

Section 2.

Crime.

Chapter 7.

Complicity.

Article 41. Committal of crime by a group of individuals, by an organized group or by a criminal association.

2. A crime is considered committed by a group of individuals with prior agreement, if the co-perpetrators who participated in the crime, prior to the commencement of the crime, agreed to commit the crime jointly .

3. A crime is considered committed by an organized group, if it was committed by a stable group of persons who previously united to commit one or more crimes .

4. A crime is considered committed by a criminal association, if it was committed by a consolidated organized group created to commit grave or particularly grave crimes, or by uniting an organized group for the same purposes, as well as if it was committed by a member (members) of the association to achieve his criminal purposes, as well as, committal of a crime by a person not considered a member of the association, by instruction of the criminal association.

5. The person who created or directed an organized group, a criminal association, is subject to liability in cases envisaged in the appropriate articles of this Code: for the creation or direction of an organized group or criminal association, as well as, for all crimes committed by them, if they were involved by his willfulness. Other persons involved in the criminal association are subject to liability for participation in this organization and for those crimes which they committed or prepared.

6. The persons mentioned in this Article incur liability without referral to Article 38 of the Special Part of this Code .

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.