General provision

SECTION II
CRIME

CHAPTER 7
ACCOMPLICE

Article 31. Accomplice

By accomplice in a crime shall be admitted deliberate joint participation of two or more persons in committing a deliberate crime.

General provision

SECTION II
CRIME

CHAPTER 7
ACCOMPLICE

Article 32. Kinds of accomplice

32.2. The person, who have directly committed a crime or directly participating in its committing together with other persons (joint committing), and also the person who has committed a crime by use of other persons, not determined to the criminal liability by virtue of the circumstances provided by the present Code, shall be admitted as the executor.

General provision

SECTION II
CRIME

CHAPTER 7
ACCOMPLICE

Article 34. Commitment of a crime by group of persons, on preliminary arrangement by group of persons, by organized group or criminal community (criminal organization)

34.1. The crime, which is committed by two or more executors in common participated in its commitment without preliminary arrangement, shall be admitted as committed by group of persons.

General provision

SECTION II
CRIME

CHAPTER 7
ACCOMPLICE

Article 34. Commitment of a crime by group of persons, on preliminary arrangement by group of persons, by organized group or criminal community (criminal organization)

34.1. The crime, which is committed by two or more executors in common participated in its commitment without preliminary arrangement, shall be admitted as committed by group of persons.

34.2. The crime, which is committed by two or more persons beforehand agreed about joint commitment of a crime and in common participated in its commitment, shall be admitted as committed on preliminary arrangement by group of persons.

34.3. The crime, which is committed by steady group consisting of two or more persons, beforehand united for commitment of one or several crimes, shall be admitted as committed by organized group.

34.4. Creation of the steady organized criminal group with the purpose of commitment minor serious or serious crimes or steady association of two or more organized criminal groups created in the same purposes shall be admitted as criminal community (the criminal organization).

34.5. The crime, accomplished by a participant (participants) of criminal community (the criminal organization) for implementation of the purposes of this community (organization), and also committed by a person (persons) who is not being the participant (participants) of criminal community (the criminal organization) but committed crime on behalf of this community (organization), shall be admitted as committed by criminal community (the criminal organization).

34.6. The person created organized group either criminal community or supervising them, shall be subjected to the criminal liability for their organization and a management of them in the cases provided by appropriate articles of the Especial part of the present Code, and also for all committed by organized group or criminal community crimes if they were covered by his intention. Other participants of the organized group or criminal community shall carry the criminal liability, for participation in these crimes in the cases provided by appropriate articles of the Especial part of the present Code, and also for crimes, in which they participated in preparation or commitment.

34.7. Creation of the organized group in the cases which have been not provided by articles of the Especial part of the present Code, shall attract to criminal liability for preparation of crimes for which commitment it is created.

34.8. Commitment of acts by group of persons, on preliminary arrangement by group of the persons, by organized group or criminal community (criminal organization) shall attract more strict punishment on grounds and limits provided by the present Code.

Article 35. Commitment of a crime which is not covered by the general intention (excess of an executor).

35.1. Commitment by the executor of the crime, which is out of general intention, and not covered as intention of other accomplices, shall be admitted as an excess of executor.

35.2. Other accomplices shall not be instituted to criminal liability for an excess of the executor.

General provision

SECTION III
ABOUT PUNISHMENT

CHAPTER 10
ASSIGNMENT OF PUNISHMENT

Article 64. Assignment of punishment for a crime accomplished in accomplice

64.1. At assignment of punishment for a crime accomplished in accomplice, nature and degree of actual participation of each accomplice in its fulfillment, value of this participation for achievement of the purpose of a crime, its influence on the size and nature of the caused harm shall be taken into account.

64.2. The mitigating or aggravating circumstances concerning the person, who is one of accomplices, shall be taken into account at assignment of punishment only concerning this person.

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:
(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.