'Common purpose' in document 'Serbia - Criminal Code'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

CHAPTER THIRTY FOUR
CRIMINAL OFFENCES AGAINST HUMAITY AND OTHER RIGHT GUARANTEED BY INTERNATIONAL LAW

Organising and Incitement to Genocide and War Crimes
Article 375

(1) Whoever conspires with another to commit any of the crimes specified in Articles 370 through 374 hereof,
shall be punished by imprisonment of three months to three years.

(2) Whoever organises a group to commit the criminal offences specified in Article 1 of this Article,
shall be punished by imprisonment of five to fifteen years.

(3) Whoever organizes an organized crime group for the purpose of committing criminal offences referred to in paragraph 1 hereof
shall be punished with imprisonment of minimum five years.

(4) Whoever becomes member of a group specified in paragraph 2 of this Article,
shall be punished by imprisonment of one to eight years.

(5) Whoever becomes a member of an organized crime group referred to in paragraph 3 hereof
shall be punished with imprisonment of two to ten years.

(6) Punishment may be mitigated for The offender referred to in paragraphs 1, 4, and 5 hereof provided he reveals the conspiracy, a group, or an organized crime group prior to having committed a criminal offence as part of the group or on behalf thereof or for the offender referred to in paragraphs 2 and 3 hereof provided he prevents the commission of criminal offences referred to in paragraph 1 hereof.

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:
(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