'National penalties - national proceedings' in document 'Afghanistan - Penal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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 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.

First Book
General Provisions

Section Two
CRIMES

CHAPTER THREE
Association in Crime

Part Two
Alliance in Crime

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.