'Ordering' in document 'Georgia - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

SECTION TWO. CRIME

CHAPTER VII. PERPETRATION AND COMPLICITY

Article 24. Types of Complicity
1. The organizer shall be the one who staged the crime or supervised its perpetration as well as the one who established the organized group or supervised it.
2. The instigator shall be the one who persuaded the other person into committing the offence.

GENERAL PART

SECTION TWO. CRIME

CHAPTER VII. PERPETRATION AND COMPLICITY

Article 25. Liability of Perpetrator and Accomplice
1. Criminal liability shall be imposed upon the perpetrator and accomplice only for their own fault on the basis of joint illegal action, in consideration of the character and quality of the part that each of them played in the wrongdoing.
2. Criminal liability of the co-perpetrator shall be determined in compliance with the relevant article of this Code, without giving reference to this article.
3. Criminal liability of the organizer, instigator and accomplice shall be determined under the relevant article of this Code, by giving reference to this article except for the case when they were concurrently the co-perpetrators of the crime.
4. If the action of the perpetrator or accomplice involves the sign typical for illegal action, this sign shall give rise to the liability of the other perpetrator or accomplice whose action did not bear this sign if the latter perpetrator or accomplice was aware of this sign.
5. The personal sign, which is typical for the wrongdoing or the personality of one of the perpetrator or accomplice, shall be charged against the perpetrator or accomplice whom this sign is typical for.
6. The person shall be subject to criminal liability as an organizer, instigator or accomplice for participation in the crime the perpetrator whereof may be a special subject of the relevant crime prescribed by this Code.
7. If the perpetrator has not completed the crime, the accomplice shall be subject to criminal liability for the preparation of or complicity in the attempted crime. Criminal liability for the preparation of the crime shall be imposed upon the one who failed, due to circumstances beyond control, to persuade other person into wrongdoing.

GENERAL PART

SECTION THREE. PUNISHMENT

CHAPTER XI. SENTENCING

Article 57. Awarding Sentence for Complicity in or Perpetration of Crime
1. When awarding a sentence for complicity in or perpetration of the crime, consideration shall be given to the actual character and quality of the person’s participation, the importance of the complicity in attaining the goal of the crime as well as its influence on the character and quality of the incurred or possible damage.
2. The extenuating or aggravating circumstance, which shall be applied to one of the accomplice or perpetrator, shall be taken into consideration only when awarding a sentence against this accomplice or perpetrator.

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