'Common purpose' in document 'Cambodia - Criminal Law Provisions'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CAMBODIA – PENAL CODE

BOOK ONE - GENERAL PROVISIONS

TITLE 2 - CRIMINAL RESPONSIBILITY

CHAPTER 1 - GENERAL PROVISIONS

Article 26: Definition of co-perpetrator

The co-perpetrators of an offence shall be any persons who, by mutual agreement, commit the relevant criminally prohibited act.

The definition of co-perpetrator includes any persons who, by mutual agreement, attempt
to commit a felony or, in the cases provided for by law, a misdemeanour.

CAMBODIA – PENAL CODE

BOOK 2 - CRIMES AGAINST PERSONS

TITLE 1 - GENOCIDE, CRIMES AGAINST HUMANITY, WAR CRIMES

CHAPTER 1 - GENOCIDE

Article 185: Planning of genocide

Participation in a group formed or in a conspiracy to plan genocide shall be punishable by imprisonment from twenty to thirty years.

The planning must be characterised by one or more material acts.

CAMBODIA – PENAL CODE

BOOK 2 - CRIMES AGAINST PERSONS

TITLE 1 - GENOCIDE, CRIMES AGAINST HUMANITY, WAR CRIMES

CHAPTER 2 – CRIMES AGAINST HUMANITY

Article 190: Planning of crimes against humanity
Participation in a group formed or in a conspiracy to plan crimes against humanity shall be punishable by imprisonment from twenty to thirty years.

CAMBODIA – PENAL CODE

BOOK 2 - CRIMES AGAINST PERSONS

TITLE 1 - GENOCIDE, CRIMES AGAINST HUMANITY, WAR CRIMES

CHAPTER 3 - WAR CRIMES

Article 196: Planning or war crimes
Participation in a group formed or in a conspiracy to plan a war crime shall be punishable by imprisonment from twenty to thirty years.

The planning must be characterised by one or more material acts.

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:
(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