General Part

Section II. Crime

Chapter 7. Complicity in a Crime

Article 32. The Concept of Complicity in a Crime

The intentional joint participation of two or more persons in the commission of a deliberate crime shall be deemed to be complicity in a crime.


Article 33. Types of Accomplices of a Crime

1. In addition to the perpetrator, organizers, instigators, and accessories shall be deemed accomplices.

2. A person who has actually committed a crime or who directly participated in its commission together with other persons (co-perpetrators), and also a person who has committed a crime by using other persons who are not subject to criminal responsibility by reason of age, insanity, or other circumstances provided for by this Code, shall be deemed to be a perpetrator .

3. A person who has organized the commission of a crime or has directed its commission, and also a person who has created an organized group or a criminal community (criminal organization) or has guided them, shall be deemed an organizer.

4. A person who has abetted another person in committing a crime by persuasion, bribery, threat, or by any other method shall be deemed an instigator .

5. A person who has assisted in the commission of a crime by advice, instructions on committing the crime, or removal obstacles to it, and also a person who has promised beforehand to conceal the criminal, means and instruments of commission of the crime, traces of the crime, or objects obtained criminally, and equally a person who has promised beforehand to acquire such objects, shall be deemed to be an accessory .


Article 34. The Responsibility of Accomplices in a Crime

1. The responsibility of accomplices in a crime shall be determined by the character and the degree of the actual participation of each of them in the commission of the crime.

2. Co-perpetrators shall be answerable under the Article of the Special Part of this Code for a crime committed by them jointly, without reference to Article 33 of this Code.

3. The criminal responsibility of an organizer, instigator, and accessory shall ensue under the Article that provides for punishment for the crime committed, with reference to Article 33 of this Code, except for in cases when they simultaneously were co-perpetrators of the crime.

4. A person who is not a participant in a crime specially indicated in the respective Article of the Special Part of this Code and who has taken part in the commission of the crime, stipulated by this Article, shall bear criminal responsibility for the given offence as its organizer, instigator, or accessory.

5. If the perpetrator of a crime fails to carry out this crime owing to circumstances beyond his control, then the rest of the co-perpetrators shall bear criminal responsibility for preparations for a crime or attempted crime. A person who has not managed to abet other persons in commiting a crime owing to circumstances, beyond his control shall also bear criminal responsibility for preparations for the 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 .


Article 36. Excess Perpetration of Crimes

The commission of a crime that is not embraced by the intent of other accomplices shall be deemed to be an excess of the perpetrator. Other accomplices to the crime shall not be subject to criminal responsibility for the excess of the perpetrator .

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.