GENERAL PART

Chapter Three
GENERAL PROVISIONS ON CRIMINAL OFFENCE

1. Criminal Offence and Perpetrator

Perpetrator and Accomplice

Article 20

(1) Perpetrator of a criminal offence is any person, who commits it personally or by using and directing the actions of another person (indirect perpetrator).

(2) Perpetrator of a criminal offence is also any person who together with the other person commits a criminal offence by wilfully collaborating in the execution thereof or in any other way decisively contributes thereto (the accomplice (hereinafter, the accomplice)).

GENERAL PART

Chapter Three
GENERAL PROVISIONS ON CRIMINAL OFFENCE

4. Participation in Criminal Offence

Criminal Solicitation

Article 37

(1) Any person who intentionally solicits another person to commit a criminal offence shall be punished as if he himself had committed it.

(2) Any person who intentionally solicits another person to commit a criminal offence, for which the sentence of three years' imprisonment or a heavier sentence may be imposed under the statute, shall be punished for the criminal attempt even if the committing of such an offence had never been attempted.

Criminal Support

Article 38

(1) Any person who intentionally supports another person in the committing of a criminal offence shall be punished as if he himself had committed it, or his sentence shall be reduced, as the case may be.

(2) Support in the committing of a criminal offence shall be deemed to be constituted, in the main, by the following : counselling or instructing the perpetrator, on how to carry out the criminal offence ; providing the perpetrator with instruments of criminal offence or removing the obstacles for the committing of criminal offence ; a priori promises to conceal the perpetrator’s criminal offence or any traces thereof ; instruments of the criminal offence or objects gained through the committing of criminal offence.

Punishability of Those Soliciting or Supporting a Criminal Attempt

Article 39

If the perpetration of a criminal offence falls short of the intended consequence, those soliciting (hereinafter, the instigator) or supporting (hereinafter, the aide) the criminal attempt shall be punished according to the prescriptions that apply to the criminal attempt.

Limits of Punishability of Accomplices

Article 40

(1) The perpetrator, the instigator and the aide shall be punished for criminal offences within the limits of their intent.

(2) If the instigator or the aide voluntarily prevented the intended criminal offence from being accomplished, his sentence may be withdrawn.

(3) Personal relations, attributes and circumstances, on the basis of which the guilt or punishability are excluded by law or sentence remitted, reduced or extended, shall be taken into consideration only with respect to the accomplice (hereinafter, the accomplice), by whom such relations, attributes and circumstances were determined.

Liability of Members and Leaders of Criminal Organisation

Article 41

(1) A severer sentence may be prescribed for an intentional criminal offence with a prescribed sentence of more than three years of imprisonment if the criminal offence was committed within a criminal organisation.

(2) A member (hereinafter: the member) of a criminal organisation with at least three persons shall be punished with a severer sentence under paragraph 1 of this Article if he commits the criminal offence to implement the criminal organisation’s plan in association with at least one member as an accessory or accomplice.

(3) In the case referred to in paragraph 2 of this Article, the leader of the criminal organisation, who led the implementation of the criminal plan or had at his disposal illegally gained property benefits at the time of committing the criminal offence based on the criminal plan, notwithstanding whether he participated at its implementation directly as the perpetrator or accessory pursuant to Articles 20 or 37 and 38 of this Penal Code, shall be punished the same as the perpetrator.

GENERAL PART

Chapter Fourteen
CRIMINAL OFFENCES AGAINST HUMANITY

Association and Incitement to Genocide, Crimes against Humanity or Aggression

Article 105

(1) Whoever establishes a criminal organisation to commit criminal offences under Articles 100 to 103 of this Penal Code shall be sentenced with imprisonment between one and ten years.

(2) Any person who becomes a member of the organisation referred to in the previous paragraph shall be sentenced with imprisonment between six months and five years.

(3) The perpetrator of the criminal offence under paragraphs 1 or 2 of this Article, who prevents the committing of criminal offences specified in paragraph 1 or declared the offence in due time, shall be sentenced with imprisonment of up to three years, or the sentence may also be remitted.

(4) Whoever incites or instigates to directly commit the criminal offences under Articles 100 to 103 of this Penal Code shall be sentenced with imprisonment between six months and five years.

GENERAL PART

Chapter Three

GENERAL PROVISIONS ON CRIMINAL OFFENCE

1. Criminal Offence and Perpetrator

Perpetrator and Accomplice
Article 20

(1) Perpetrator of a criminal offence is any person, who commits it personally or by using and directing the actions of another person (indirect perpetrator).

(2) Perpetrator of a criminal offence is also any person who together with the other person commits a criminal offence by wilfully collaborating in the execution thereof or in any other way decisively contributes thereto (the accomplice (hereinafter, the accomplice)).

GENERAL PART

Chapter Three

GENERAL PROVISIONS ON CRIMINAL OFFENCE

4. Participation in Criminal Offence

Criminal Solicitation
Article 37

(1) Any person who intentionally solicits another person to commit a criminal offence shall be punished as if he himself had committed it.

2) Any person who intentionally solicits another person to commit a criminal offence, for which the sentence of three years' imprisonment or a heavier sentence may be imposed under the statute, shall be punished for the criminal attempt even if the committing of such an offence had never been attempted.

Criminal Support
Article 38

(1) Any person who intentionally supports another person in the committing of a criminal offence shall be punished as if he himself had committed it, or his sentence shall be reduced, as the case may be.

(2) Support in the committing of a criminal offence shall be deemed to be constituted, in the main, by the following: counselling or instructing the perpetrator, on how to carry out the criminal offence; providing the perpetrator with instruments of criminal offence or removing the obstacles for the committing of criminal offence; a priori promises to conceal the perpetrator’s criminal offence or any traces thereof; instruments of the criminal offence or objects gained through the committing of criminal offence.

Punishability of Those Soliciting or Supporting a Criminal Attempt
Article 39

If the perpetration of a criminal offence falls short of the intended consequence, those soliciting (hereinafter, the instigator) or supporting (hereinafter, the aide) the criminal attempt shall be punished according to the prescriptions that apply to the criminal attempt.

Limits of Punishability of Accomplices
Article 40

(1) The perpetrator, the instigator and the aide shall be punished for criminal offences within the limits of their intent.

(2) If the instigator or the aide voluntarily prevented the intended criminal offence from being accomplished, his sentence may be withdrawn.

(3) Personal relations, attributes and circumstances, on the basis of which the guilt or punishability are excluded by law or sentence remitted, reduced or extended, shall be taken into consideration only with respect to the accomplice (hereinafter, the accomplice), by whom such relations, attributes and circumstances were determined.

Liability of Members and Leaders of Criminal Organisation
Article 41

(1) A severer sentence may be prescribed for an intentional criminal offence with a prescribed sentence of more than three years of imprisonment if the criminal offence was committed within a criminal organisation.

(2) A member (hereinafter: the member) of a criminal organisation with at least three persons shall be punished with a severer sentence under paragraph 1 of this Article if he commits the criminal offence to implement the criminal organisation’s plan in association with at least one member as an accessory or accomplice.

(3) In the case referred to in paragraph 2 of this Article, the leader of the criminal organisation, who led the implementation of the criminal plan or had at his disposal illegally gained property benefits at the time of committing the criminal offence based on the criminal plan, notwithstanding whether he participated at its implementation directly as the perpetrator or accessory pursuant to Articles 20 or 37 and 38 of this Penal Code, shall be punished the same as the perpetrator.

GENERAL PART

Chapter Fourteen

CRIMINAL OFFENCES AGAINST HUMANITY

Association and Incitement to Genocide, Crimes against Humanity or Aggression
Article 105

(1) Whoever establishes a criminal organisation to commit criminal offences under Articles 100 to 103 of this Penal Code shall be sentenced with imprisonment between one and ten years.

(2) Any person who becomes a member of the organisation referred to in the previous paragraph shall be sentenced with imprisonment between six months and five years.

(3) The perpetrator of the criminal offence under paragraphs 1 or 2 of this Article, who prevents the committing of criminal offences specified in paragraph 1 or declared the offence in due time, shall be sentenced with imprisonment of up to three years, or the sentence may also be remitted.

(4) Whoever incites or instigates to directly commit the criminal offences under Articles 100 to 103 of this Penal Code shall be sentenced with imprisonment between six months and five years.

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.