First Book
General Provisions

Section Two
CRIMES

Chapter two
Elements of Crimes

Part One
Material element

First - Act, Cause and Effect

Article 28 :

(2) A person whose criminal act partakes in resulting the effect with a previous cause or (ono) concurrent with the act 'or after it shall 'be considered responsible, even if the person should not be cognizant of the effectivenes of his criminal act in resulting the effect.

First Book
General Provisions

Section Two
CRIMES

Chapter two
Elements of Crimes

Part One
Material element

First - Act, Cause and Effect

Article 28 :

(3) If the cause alone should be considered sufficient for producing the effect of crime, in this case the doer alone shall be considered responsible for his criminal act.

First Book
General Provisions

Section Two
CRIMES

Chapter two
Elements of Crimes

Part One
Material element

Second - Initiation

Article 30

Initiator of felony shall be sentenced to the following punishments, unless otherwise stipulated in the law :

1. In cases where the punishment for the crime itself is death, continued imprisonment ;
2. In cases where the punishment for the crime itself is continued imprisonment, long imprisonment ;
3. In cases where the punishment for the crime itself is long imprisonment, medium imprisonment;
Or, one half of the maximum punishment of the crime itself.

First Book
General Provisions

Section Two
CRIMES

CHAPTER THREE
Association in Crime


Part One
Principal offender and Accomplice

Article 38 :

A person is regarded the principal offender in the following instances :

1. When he alone or with the association of someone else commits a crime ;
2. When he intervens in the commission of a criminal act in such a way as to intontionally commit one of the acts comprising the crime.

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.


Article 40

The principal offender shall be sentenced to the fixed punishment of the crime committed.

Article 41

(1) The accomplice shall be sentenced to the punishment of the crime in which be has taken part, unless the law has stipulated otherwise.

(2) In cases where the principal offender is not punished for any legal reason, this exemption does not obstruct the punishment of the accomplice.

Article 42

If the crime that has actually taken place is othor than the crime intended by the principal offenders and accomplices, they shall be sentenced to the punishment for the crime which has actually taken place, provided that the said crime has been predictable and it has been the result of their intervention.

Article 43

If during the commitment of criminal action such material circumstances appear that result in a change in the description of orime or punishment, its effects shall be applied to all principal offenders and accomplices, provided that the said instances should be the result of the intervention of all of them.

Article 44 :

(1) If special circumstance should come into presence with respect to one of the principal offenders such as to result in a change in the description of the crime in his Gado, its results shall not affect the other principal offenders.

(2) The affects of these special circumstances affect the accomplice when he is cognizant of it.

Article 45:

If special circumstances should come into presence to cause a change in the punishment of one of the principal offenders, its effects shall not affect other principal offenders and accomplices.

Article 46 :

If a change is brought in the description of crime in view of the intention or awareness the principal offender, other offenders and accomplices shall be punished in accordance with their intention and awareness.

Article 47 :

In cases where the law considers plurality of offenders a condition of severity of crime, the existence of an accomplice at the time of commitment of crime shall be considered plurality.

Article 48 :

(1) If several offenders and accomplices should be sentenced to a single verdict of cash penalty for committing single crime, this verdict shall be applied to each of them individually.

(2) In cases where the sentence to cash equivalent of the good which has been obtained through crime or was expected to be obtained is in question, the sentence shall be applied jointly to all the convicts who have been sentenced to a single sentence of the mentioned cash penalty, unless the law has stipulated otherwise.


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.

Article 50

(1) In case of alliance in felony, every individual shall be sentenced to a long imprisonment not exceeding seven years, even if the felony for which the alliance was made has not been initiated.

(2) In case of alliance in misdemeanor, every individual shall be sentenced to a prison term of-not more than two years, or to cash fine of not mere than twenty four thousand Afghanis.

Article 51 :

If the purpose of alliance is to commit a crime whose punishment is anticipated in the law loss than the punishment of article 50 of this Law, in this case the accused persons shall bo sentenced to one quarter of the maximum punishment fixed for the crime for which the alliance is made.

Article 52

(1) The punishment contained in article 50 and 51 of this Law shall not be applied to persons who inform the concerned authorities of association in crime, provided that the information is communicated before the felony or misdemeanor is committed and before the said authorities begin inspection and investigation.

(2) Tho informer, after the start of inspection and investigation shall bo exempted from punishment on the condition that his information should result in the arrest of those accused persons who aro not known to the said authorities.

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.