General Part

Section II. Crime

Chapter 7. Complicity in a Crime

Article 35. The Commission of a Crime by a Group of Persons, by a Group of Persons Under a Preliminary Conspiracy, and by an Organized Group of a Criminal Community (Criminal Organization)

1. A crime shall be deemed to be committed by a group of persons if two or more perpetrators have jointly participated in its commission without a preliminary conspiracy.

2. A crime shall be deemed to be committed by a group of persons in a preliminary conspiracy, if the persons took part in it after they had reached an agreement on the joint commission of a crime.

3. A crime shall be deemed to be committed by an organized group, if it has been committed by a stable group of persons who in advance united for the commission of one or more offences.

4. A crime shall be deemed to be committed by a criminal community (criminal organization), if it has been perpetrated by a united organized group (organization), set up to commit grave and especially grave crimes, or by an association of organized groups set up for these purposes.

5. A person who has created an organized group or a criminal community (criminal organization), or has directed them, shall be subject to criminal responsibility for their organization in cases, provided for by the respective Articles of the Special Part of this Code, and also for all the offences committed by the organized group or the criminal community (criminal organization), if they have been embraced by his intent. Other participants in the organized group or criminal community (criminal organization) shall bear criminal responsibility for their participation in cases provided for by the relevant Articles of the Special Part of this Code, and also for the crimes, in the preparation and commission of which they have taken part.

6. The creation of an organized group in cases which are not envisaged by Articles of the Special Part of this Code shall involve criminal responsibility for preparations for those offences for which it was set up.

7. The commission of a crime by a group of persons, a group of persons in a preliminary conspiracy, by an organized group, or a criminal community (criminal organization) shall involve strict punishment on the ground and within the limits provided for by this Code .

General Part

Section III. Punishment

Chapter 10. Imposition of Punishment

Article 67. Imposition of Punishment for a Criminal Conspirasy.

1. In imposing punishment for a criminal conspirasy, the court of law shall take into consideration the nature and the degree of the actual participation of the person in its perpetration, and also the importance of this participation for the achievement of the purpose of the crime, and its influence on the nature and on the amount of inflicted or possible damage.

2. Mitigating or aggravating circumstances relating to the personality of one of the accomplices shall be taken by the court into account when it imposes its penalty for this individual accomplice .

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:
(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