'Soliciting' in document 'Croatia - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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.

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

Article 37

(1) Whoever intentionally instigates another to commit a criminal offense shall be punished as if he himself committed it.

(2) Whoever intentionally instigates another to commit a criminal offense whose attempt is punishable shall be punished as for the attempt of such a criminal offense even if the offense itself has not been attempted.

(3) In the case of an inadvertent attempt of instigation, the court may remit the punishment of the instigator.

RELEVANT ROME STATUTE PROVISIONS

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:
(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted