'Individual criminal responsibility' in document 'Uzbekistan - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

Section one. Basic provisions

CHAPTER 1. OBJECTIVES AND PRINCIPLES OF CRIMINAL CODE

Article 9. Principle of Liability for Commission of Crime

A person shall be subject to liability only for those socially dangerous acts, in commission of which his guilt has been proved in the procedure established by law.

GENERAL PART

SECTION TWO. GROUNDS FOR LIABILITY

CHAPTER 5. GUILT

Article 20. Types of Guilt

A person, who intentionally or unintentionally committed a socially dangerous act envisaged by this Code, may be recognized guilty.


Article 21. Intentional Crime

A crime, completion of which is determined by an Article of this Code as a moment of execution of a socially dangerous act, shall be recognized intentional, if a person, who committed it, was aware of its dangerous nature and desired its commission.

A crime, completion of which is determined by an Article of this Code as a moment of emergence of socially dangerous consequences, may be committed with a direct or indirect intent.

A crime shall be recognized as committed with a direct intent, if a person who committed it, was aware of its socially dangerous consequences and desired their emergence.

A crime shall be recognized as committed with an indirect intent, if a person who committed it, was aware of its dangerous nature and of its socially dangerous consequences and intentionally allowed their emergence.


Article 22. Reckless Crime

A socially dangerous act committed by presumption or carelessness shall be recognized as a reckless crime.

A crime shall be recognized as committed by presumption, if a person who committed it, foresaw a possibility of emergence of socially dangerous and legally punishable consequences of his behavior, and, consciously ignoring proper precaution, groundlessly presumed that such consequences would not emerge.

A crime shall be recognized as committed by carelessness, if a person who committed it, did not foresee a possibility of emergence of socially dangerous and legally punishable consequences of his behavior, though he should have to and could have foreseen them.


Article 23. Compound Guilt

In the instance if, in result of commission of an intentional crime, the person, who committed it detriments recklessly other socially dangerous consequences causing stricter liability under law, such a crime shall be recognized as committed intentionally.


Article 24. Innocent Harm

An act shall be recognized as committed by innocence, if a person, who committed it, was not aware of, should not have not to and could not have realized a socially dangerous nature of his act, or did not foresee socially dangerous consequences thereof, and, according to circumstances of the case, should not have to and could not have foreseen them.

RELEVANT ROME STATUTE PROVISIONS

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.