'Abetting' in document 'Belize - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CRIMINAL CODE

PART I - General Provisions

TITLE II - Interpretation and General Explanations

The Standard Tests and the Keywords

11.- (3) If an event is caused by the acts of several persons acting either jointly or independently, each of those persons who has intentionally or negligently contributed to cause the event shall, subject to subsection (4), and to the provisions of Title IV with respect to abetment, be deemed to have caused the event, but any matter of exemption, justification, extenuation or aggravation which exists in the case of any one of those persons shall have effect in his case whether it exists or not in the case of any of the other persons.

CRIMINAL CODE

PART I - General Provisions

TITLE IV – Abetment and Conspiracy

20.-(1) Every person who-

(a) directly or indirectly instigates, commands, counsels, procures, solicits or in any manner purposely aids, facilitates, encourages or promotes the commission of any crime, whether by his act, presence or otherwise; or

(b) does any act for the purpose of aiding, facilitating, encouraging or promoting the commission of a crime by any other person, whether known or unknown, certain or uncertain, shall be guilty of abetting that crime and of abetting the other person in respect of that crime.

CRIMINAL CODE

PART I - General Provisions

TITLE IV – Abetment and Conspiracy

20.- (2) Every person who abets a crime shall, if the crime be actually committed in pursuance or during the continuance of the abetment, be deemed guilty of that crime.

(3) Every person who abets a crime shall, if the crime be not actually committed, be punishable as follows, that is to say-

(a) If the commission of the crime be prevented by reason only of accident, or of circumstances or events independent of the will of the abettor, the abettor shall, where the crime abetted was murder, be liable to imprisonment for life, or shall where the crime abetted was any crime other than murder, be punishable in the same manner as if the crime had been actually committed in pursuance of the abetment.

(b) In any other case the abettor shall, if the crime which he abetted was a felony, be deemed guilty of a felony, or shall, if such a crime was a misdemeanour, be deemed guilty of a misdemeanour.

(4) Every person who abets a crime shall be punishable on indictment or summary conviction, according as he would be punishable for committing that crime.

(5) An abettor may be tried before, with or after a person abetted, and although the person abetted be dead, or be otherwise not amenable to justice.

(6) An abettor may be tried before, with or after any other abettor, whether he and such other abettor abetted each other in respect of the crime or not, and whether they abetted the same or different parts of the crime.

(7) An abettor shall have the benefit of any matter of exemption, justification, or extenuation to which he is entitled under this Code, notwithstanding that the person abetted or any other abettor is not entitled to the like benefit.

(8) Every person who within the jurisdiction of the court abets the doing beyond the jurisdiction of an act which if done within the jurisdiction would be a crime, shall be punishable as if he had abetted that crime.

21.-(1) Where a person abets a particular crime, or abets a crime against or in respect of a particular person or thing, and the person abetted actually commits a different crime, or commits the crime against or in respect of a different person or thing, or in a manner different from that which was intended by the abettor, the following provisions shall have effect, namely-

(a) If it appears that the crime actually committed was not a probable consequence of the endeavour to commit, nor was substantially the same as the crime which the abettor intended to abet, nor within the scope of the abetment, the abettor shall be punishable for his abetment of the crime which he intended to abet in the manner provided by this Title for the punishment of crimes which are not actually committed.

In any other case the abettor shall be deemed to have abetted the crime which was actually committed, and shall be liable to punishment accordingly.

(2) If a person abets a riot, or unlawful assembly with the knowledge that unlawful violence is intended, or is likely to be used, he is guilty of abetting violence of any kind or degree which is committed by any other person in executing the purposes of the riot or assembly, although he did not expressly intend to abet violence of that kind or degree.

22. Every person who, knowing that a person designs to commit or is committing a felony, fails to use all reasonable means to prevent the commission or completion thereof, is guilty of a misdemeanour.

23. -(1) If two or more persons agree to commit or abet a crime, or act together with a common purpose in committing or abetting a crime, whether with or without any previous concert or deliberation, each of them is guilty of conspiracy to commit or abet that crime, as the case may be.

(2) If a person abets the commission of a crime by another person, and such other person in any manner assent to the abetment, each of them is guilty of conspiracy to commit such crime, although it be not a part of the design of either of them that the person abetting the other should take any part in or towards the preparing for or committing such crime.

(3) A person within the jurisdiction of the courts can be guilty of conspiracy by agreeing with another person who is beyond the jurisdiction for the commission or abetment of any crime to be committed by them or either of them, or any other person, either within or beyond the jurisdiction, and for the purposes of this subsection as to a crime to be committed beyond the jurisdiction, “crime” means any act which if done within the jurisdiction would be a crime under this Code or under any other law.

(4) A person shall not be guilty of conspiracy to commit or abet any crime if he is an intended victim of that crime.

(5) A person shall not be guilty of conspiracy to commit or abet any crime or crimes if the only other person or persons with whom he agrees are (both initially and at all times during the currency of the agreement) persons of any one or more of the following descriptions, that is to say-

(a) his spouse,

(b) a person exempted from criminal liability under section 25 (1),

(c) an intended victim of that crime or each of those crimes.

24.-(1) If two or more persons are guilty of conspiracy for the commission or abetment of any crime, each of them shall in case the crime be committed, be punished as for that crime according to the provisions of this Code, or shall in case the crime be not committed, be punished as if he had abetted that crime.

(2) Any court having jurisdiction to try a person for a crime shall have jurisdiction to try a person or persons charged with conspiracy to commit or abet that crime.

CRIMINAL CODE

PART I - General Provisions

TITLE IV – Abetment and Conspiracy

23 (4) A person shall not be guilty of conspiracy to commit or abet any crime if he is an intended victim of that crime.

(5) A person shall not be guilty of conspiracy to commit or abet any crime or crimes if the only other person or persons with whom he agrees are (both initially and at all times during the currency of the agreement) persons of any one or more of the following descriptions, that is to say-

(a) his spouse,

(b) a person exempted from criminal liability under section 25 (1),

(c) an intended victim of that crime or each of those crimes.

CRIMINAL CODE

PART I - General Provisions

TITLE IV – Abetment and Conspiracy

24.-(1) If two or more persons are guilty of conspiracy for the commission or abetment of any crime, each of them shall in case the crime be committed, be punished as for that crime according to the provisions of this Code, or shall in case the crime be not committed, be punished as if he had abetted that crime.

(2) Any court having jurisdiction to try a person for a crime shall have jurisdiction to try a person or persons charged with conspiracy to commit or abet that crime.

CRIMINAL CODE

PART I - General Provisions

TITLE XV - Perjury and Obstruction of Public Justice

1. Perjury and Other Crimes Relating to Evidence and to Judicial Proceedings

250. Every person who commits perjury or abets perjury, with intent to cause the conviction of any person for a crime punishable with death, shall be liable to imprisonment for life.

251. Every person who commits perjury or abets perjury, with intent to cause the conviction of any person for any crime not capital, shall be liable to imprisonment for fourteen years or for any greater term to which such person would, on conviction of that crime, be liable.

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:
(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