BOOK I
GENERAL PROVISIONS

TITLE II
OF CRIMINAL LIABILITY

CHAPTER I
GENERAL PROVISIONS

ARTICLE 121-3
(Act no. 1996-393 of 13 May 1996 Article 1 Official Journal of 14 May 1996; Act no. 2000-647 of 10 July article 1 Official Journal of 11 July 2000)

There is no felony or misdemeanour in the absence of an intent to commit it.

However, the deliberate endangering of others is a misdemeanour where the law so provides.

A misdemeanour also exists, where the law so provides, in cases of recklessness, negligence, or failure to observe an obligation of due care or precaution imposed by any statute or regulation, where it is established that the offender has failed to show normal diligence, taking into consideration where appropriate the nature of his role or functions, of his capacities and powers and of the means then available to him.

In the case as referred to in the above paragraph, natural persons who have not directly contributed to causing the damage, but who have created or contributed to create the situation which allowed the damage to happen who failed to take steps enabling it to be avoided, are criminally liable where it is shown that they have broken a duty of care or precaution laid down by statute or regulation in a manifestly deliberate manner, or have committed a specified piece of misconduct which exposed another person to a particularly serious risk of which they must have been aware.

There is no petty offence in the event of force majeure.

BOOK I
GENERAL PROVISIONS

TITLE II
OF CRIMINAL LIABILITY

CHAPTER I
GENERAL PROVISIONS

ARTICLE 121-4

The perpetrator of an offence is the person who :

1° commits the criminally prohibited act ;
2° attempts to commit a felony or, in the cases provided for by Statute, a misdemeanour.

ARTICLE 121-5

An attempt is committed where, being demonstrated by a beginning of execution, it was suspended or failed to achieve the desired effect solely through circumstances independent of the perpetrator's will.

BOOK I
GENERAL PROVISIONS

TITLE II
OF CRIMINAL LIABILITY

CHAPTER I
GENERAL PROVISIONS

ARTICLE 121-6

The accomplice to the offence, in the meaning of article 121-7, is punishable as a perpetrator.

BOOK I
GENERAL PROVISIONS

TITLE II
OF CRIMINAL LIABILITY

CHAPTER I
GENERAL PROVISIONS

ARTICLE 121-7

The accomplice to a felony or a misdemeanour is the person who knowingly, by aiding and abetting, facilitates its preparation or commission.

Any person who, by means of a gift, promise, threat, order, or an abuse of authority or powers, provokes the commission of an offence or gives instructions to commit it, is also an accomplice.

BOOK I
GENERAL PROVISIONS

TITLE II
OF CRIMINAL LIABILITY

CHAPTER II
GROUNDS FOR ABSENCE OR ATTENTUATION OF LIABILITY

ARTICLE 122-2

A person is not criminally liable who acted under the influence of a force or constraint which he could not resist.

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.