CROATIA CRIMINAL CODE

GENERAL PART

CHAPTER THREE (iii)CRIMINAL OFFENSE

Article 35

(1) The principal is a person who commits a criminal offense by his own act or omission or through another agent.

(2) Co-principals of a criminal offense are two or more persons who, on the basis of a joint decision, commit a criminal offense in such a way that each of them participates in the perpetration or, in some other way, substantially contributes to the perpetration of a criminal offense.

(3) Accomplices are: the instigator and the aider or abettor.

(4) The instigator and aider or abettor are accomplices who, without control over the perpetration of a criminal offense, contribute to its perpetration by instigation or by aiding and abetting.

Punishment of Accomplices

Article 36

(1) Each co-principal shall be liable in accordance with his intent or negligence, while the instigator and the aider and abettor shall be liable in accordance with their intent.

(2) The material or personal characteristics of the principal, which represent the material elements of a criminal offense or influence the severity of the prescribed punishment, shall also apply to accomplices.

(3) Strictly personal circumstances for which the law excludes culpability and allows for the remission, mitigation or aggravation of punishment may apply only to the principal or accomplice to whom they pertain.

(4) The punishment of an accomplice who voluntarily prevents the perpetration of a criminal offense may be remitted.

CROATIA CRIMINAL CODE

GENERAL PART

CHAPTER THREE (iii)CRIMINAL OFFENSE

Aiding and Abetting
Article 38

(1) Whoever intentionally aids and abets another in the perpetration of a criminal offense shall be punished as if he himself committed it, but the punishment may also be mitigated.

(2) The following shall in particular be deemed acts of aiding and abetting: giving advice or instructions on how to commit a criminal offense, providing the perpetrator with the means for the perpetration of a criminal offense, removing obstacles for the perpetration of a criminal offense, giving an advance promise to conceal the criminal offense, the perpetrator, or the means by which the criminal offense was committed, as well as concealing the traces of a criminal offense or the objects procured by the criminal offense.

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:
(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