CRIMINAL CODE

PART I - General Provisions

TITLE II - Interpretation and General Explanations

The Standard Tests and the Keywords

8.-(1) The standard test of recklessness as to result is-

Did the person whose conduct is in issue foresee that his conduct might produce the result and, if so, was it unreasonable for him to take the risk of producing it?

(2) The standard test of recklessness as to circumstances is-

Did the person whose conduct is in issue realise that the circumstances might exist and, if so, was it unreasonable for him to take the risk of their existence?

(3) The appropriate key words are “reckless”, "recklessness” and “recklessly”.

(4) The question whether it was unreasonable for the person to take the risk is to be answered by an objective assessment of his conduct in the light of all relevant factors, but on the assumption that any judgment he may have formed of the degree of risk was correct.

CRIMINAL CODE

PART I - General Provisions

TITLE II - Interpretation and General Explanations

The Standard Tests and the Keywords


1. Whether the person 1. The fact that the result was a
charged with the offence natural and probable result
of such conduct.
(a) intended to produce a
particular result by his conduct;

(b) was reckless as to whether
his conduct would produce
a particular result;

(c) foresaw that his conduct
might produce a particular result.



2. Whether he knew a particular fact. 2. The presence of
circumstances leading to the
inference that a reasonable
man in his circumstances
would have known the fact
existed

3. Whether he was reckless as to 3. The presence of
whether particular circumstances circumstances leading to the
existed. inference that a reasonable
man in his situation
would have realised that the
circumstances might exist.

CRIMINAL CODE

PART I - General Provisions

TITLE II - Interpretation and General Explanations

The Standard Tests and the Keywords

10. A person causes an event negligently, if he fails to a grave degree to observe the standard of care which he ought reasonably to observe in all the circumstances of the case.

CRIMINAL CODE

PART I - General Provisions

TITLE II - Interpretation and General Explanations

The Standard Tests and the Keywords

11.-(1) If a person intentionally or negligently causes any involuntary agent to cause an event, that person shall be deemed to have caused the event.

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 II - Interpretation and General Explanations

The Standard Tests and the Keywords

16. “Person” includes a company or corporation, and any number or association of persons, and for the purposes of any provision of this Code relating to defrauding a person or to committing any crime against the property of any person, the Government of Belize or of any other place or State shall be deemed to be a person.

CRIMINAL CODE

PART I - General Provisions

TITLE III - Attempts to Commit Crimes

18.-(1) A person who attempts to commit a crime by any means shall not be acquitted on the ground that by reason of the imperfection or other condition of the means, or by reason of any circumstances under which they are used, or by reason of any circumstances effecting the person against whom or the thing in respect of which the crime is intended to be committed, or by reason of the absence of such person or thing, the crime could not be committed according to his intent.

(2) Every person who attempts to commit a crime shall, if the attempt be frustrated by reason only of accident or of circumstances or events independent of his will, be deemed guilty of an attempt in the first degree, and shall (except as in this Code otherwise expressly provided) be punishable in the same manner as if the crime had been completed.

(3) Every person who is guilty of an attempt other than an attempt in the first degree shall (except as in this Code otherwise expressly provided) be liable to any kind of punishment to which he would have been liable if the crime had been completed, but the court shall mitigate the punishment according to the circumstances of the case.

CRIMINAL CODE

PART I - General Provisions

TITLE III - Attempts to Commit Crimes

18.-(4) Where any act amounts to a complete crime, as defined by any provision of this Code, and is also an attempt to commit some other crime, a person who is guilty of it shall be liable to be convicted and punished either under such provision or under this section.

(5) Any provision of this Code with respect to intent, exemption, justification or extenuation, or any other matter in the case of any act, shall apply, with the necessary modifications, to the case of an attempt to do that act.

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

CRIMINAL CODE

PART I - General Provisions

TITLE III - Attempts to Commit Crimes

19 Every person who prepares or supplies, or has in his possession, custody or control, or in the possession, custody or control of any other person on his behalf, any instruments, materials or means, with a purpose that such instruments, materials or means may be used by him or by any other person in committing any crime by which life is likely to be endangered, or any forgery, or any crime relating to coin, or any felony punishable with imprisonment for ten years or upwards, shall be liable to punishment in like manner as if he had attempted to commit that crime, and any such instruments, materials or means shall be forfeited and applied as the law directs.

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.

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.