CROATIA CRIMINAL CODE

GENERAL PART

CHAPTER ONE (i.) BASIC PROVISIONS

Article 4

No one shall be punished if not found culpable of the committed offense.

CROATIA CRIMINAL CODE

GENERAL PART

CHAPTER THREE (iii)CRIMINAL OFFENSE

Article 25

(1) A criminal offense can be committed by an act or an omission to act.

(2) A criminal offense is committed by omission when the perpetrator, who is legally obligated to avert the consequence of a criminal offense defined by law, fails to do so, and such a failure to act is tantamount in its effect and significance to the perpetration of such an offense by an act.

(3) The punishment of a perpetrator who commits a criminal offense by omission can be mitigated, except in the case of a criminal offense which can be committed only by failure to act.

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
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.