GENERAL PART

Chapter Three
CRIMINAL OFFENCE

3. Complicity in Criminal Offence

Aiding and Abetting
Article 35

(1) Anyone aiding another with intent in committing a criminal offence shall be punished as prescribed by law for such criminal offence, or by a mitigated penalty.

(2) The following, in particular, shall be considered as aiding in the commission of a criminal offence : giving instructions or advice on how to commit a criminal offence ; supply of means for committing a criminal offence ; creating conditions or removal of obstacles for committing a criminal offence ; prior promise to conceal the commission of the offence, offender, means used in committing a criminal offence, traces of criminal offence and items gained through the commission of criminal offence.

GENERAL PART

Chapter Three
CRIMINAL OFFENCE


3. Complicity in Criminal Offence

Limits of Culpability and Punishment of Accomplices
Article 36

(1) An accomplice is culpable for a criminal offence within the limits of his intent or negligence, and the inciter and abettor within the limits of their intent.

(2) Grounds which preclude the culpability of the perpetrator (Art. 23, 28 and 29 hereof) do not preclude a criminal offence of co-perpetrators, inciters or abettors if they are culpable.

(3) Personal relations, characteristics and circumstances due to which the law allows remittance of punishment, or that affect sentencing, may be taken in consideration only for such perpetrator, co-perpetrator, inciter or abettor where such relations, characteristics and circumstances exist.

(4) Personal relations, characteristics and circumstances representing an essential element of a criminal offence do not have to exist with an inciter or abettor. An inciter or abettor having no such personal characteristic may be given a mitigated penalty.


4. Punishment of Inciter and Abettor for an Attempt

Attempt and Lesser Criminal Offence
Article 37

(1) If a criminal offence remains an attempt, the inciter and abettor shall be punished for the attempt.

(2) If an offender commits a lesser criminal offence than the one incited to or abetted, and which would have been comprised in such offence, the inciter and abettor shall be punished for the committed criminal offence.

(3) provision of paragraph 2 of this Article shall not apply if the inciter would receive more severe penalty by application of Article 34, paragraph 2 hereof.

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:
(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