'Common purpose' in document 'Afghanistan - Penal Code'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

First Book
General Provisions

Section Two
CRIMES

CHAPTER THREE
Association in Crime

Part One
Principal offender and Accomplice

Article 39

A person is regarded an accomplice in the following instances :

1. When he instigates a person to commit one of the acts comprising the crime and the crime takes place as a result of this instigation.
2. When he enters in to an agreement with another person to commit a crime and the crime takes place as a result of this agreement.
3. When he knowingly assists tho principal offender in any way with respect to equipment, faciltties or supplementary works for committing the crime and the crime takes place as a result of this assistance.

First Book
General Provisions

Section Two
CRIMES

CHAPTER THREE
Association in Crime

Part Two
Alliance in Crime

Article 49 :

Alliance in crime is the joining of two or more persons in committing a specific or an unepecific felony or misdemeanor, or joining in equipment, facilities or supplementary works of the said crimes, provided that the alliance is regular and continuous, even if it has taken place at the formation stage of crime or for a short time.

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