'Ordering' in document 'Tajikistan - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

SECTION II. CRIME

CHAPTER 7. Complicity

Article 36. Kinds of Accomplices

(3) A person who organized commission of a crime or directed it, as well as a person who created an organized group or confederacy shall be deemed to be an organizer.

GENERAL PART

SECTION II. CRIME

CHAPTER 7. Complicity

Article 37. Criminal Liability of Accomplices

(1) Liability of accomplices of a crime is determined by the character and degree of the actual involvement of each of them in the commission of a crime.

(2) Co-authors bear liability under the same article of the present Code for a jointly committed crime.

(3) An organizer, abettor and accessory are liable to responsibility under the article specifying a sentence for a crime committed with reference to Article 36 of this Code.

(4) A person who is not a subject of a crime specially indicated in the article of the Special Part of the Code, but was involved in the crime provided for by this article, may bear liability for this crime only as an organizer, abettor or accessory.

GENERAL PART

SECTION III. Sentence

CHAPTER 10. Imposition of Sentence

Article 65. Sentencing for Complicity In Crime

(1) When determining a sentence for accessories the Court shall consider the character and the degree of involvement of each person in the commitment of the crime.

(2) Mitigating and aggravating circumstances for each individual accessory are considered by the Court only when sentencing that particular accessory.

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