PART I

GENERAL PART

BOOK I

CRIMES AND CRIMINALS

TITLE II

THE CRIME AND ITS COMMISSION

CHAPTER III

PARTICIPATION IN THE COMMISSION OF A CRIME

Article 32.- Principal Criminal.

(1) Any person shall be regarded as having committed a crime as a principal criminal and punished as such if:
(a) he actually commits the crime either directly or indirectly, in particular by means of an animal or a natural force; or
(b) he without performing the criminal act itself fully associates himself with the commission of the crime and the intended result; or
(c) he employs an infant or a person who is mentally deficient or unaware of the circumstances, for the commission of a crime or
compels another person to commit a crime .
(2) Where the crime committed goes beyond the intention of the
criminal he shall be tried in accordance with Article 58(3).
(3) Where two or more persons are involved as principal criminals in the commission of a crime, each shall be liable to the punishment attaching thereto .
The Court shall take into account the provisions governing the effect of personal circumstances (Art. 41) and those governing the award of punishment according to the degree of individual guilt (Art. 88).

Article 33.- Participation in Cases of Special Crimes.
An accused person may be prosecuted as a principal criminal when, by his acts, he fully participated with knowledge and intent in the commission of a crime which can be committed only by certain specified persons, in particular by a member of the Defence Forces in. the case of military crimes, or by a public servant in respect of crimes against public office, or only by a male person in the case of rape .

Article 34.- Participation of a Juridical Person in a Crime.
(1) A juridical person other than the administrative bodies of the State is punishable as a principal criminal, an instigator or an accomplice where it is expressly provided by law.
A juridical person shall be deemed to have committed a crime and punished as such where one of its officials or employees commits a crime as a principal criminal, an instigator or an accomplice in connection with the activity of the juridical person with the intent of promoting its interest by an unlawful means or by violating its legal duty or by unduly using the juridical person as a means .
(2) The juridical person is punishable with fine under sub-article (3) or sub-article (4) of Article 90 of this Code; and, where necessary, an additional penalty may be imposed to suspend, close or wind tip the juridical person.
(3) The punishment of the juridical person shall not exclude the penalty to be imposed on its officials or employees for their personal criminal guilt.
(4) For the purpose of this Article "juridical person" means a body which has governmental or non-governmental, public or private structure and includes any legally recognized institution or association set up for commercial, industrial, political, religious or any other purpose.

Article 35.- Collective Crimes.
Where two or more persons commit a crime in concert, the person who is proved to have taken no part in the commission of the crime shall not be punished.
However, where a crime such as conspiracy or brawl is committed by a group of persons, the person whose presence in the group is proved shall be exempt from punishment only if he proves that he has taken no part in the commission of the crime .

Article 36.- Incitement.
(1) Whoever intentionally induces another person whether by persuasion, promises, money, gifts, and threats or otherwise to commit a crime shall be regarded as guilty of having incited the commission of the crime.
(2) The person who incited the commission of a crime shall be liable to punishment provided the crime was at least attempted.
(3) The punishment to be imposed shall be that provided by law for the intended crime. It may be reduced within the limits specified by law if the circumstances of the ease justify such a reduction (Art. 179).
(4) When the person who committed the crime went beyond what was intended by the instigator, the latter shall be liable to punishment only for the crime he intended or could foresee (Art. 58(3)).
The actual criminal shall alone be answerable for the more serious crime which he committed .

Article 37.- Accomplice.
(1) An accomplice is a person who intentionally assists a principal criminal either before or during the carrying out of the criminal design, whether by information, advice, supply of means or material aid or assistance of any kind whatsoever in the commission of a crime .
An accomplice in an intentional crime shall always be liable to punishment.
(3) The accomplice shall be liable to punishment provided the crime was at least attempted.
(4) The punishment to be imposed shall be the punishment for the crime in so far as such crime does not go beyond the accomplice's intention (Art. 58(3)); The Court may, taking into account the
circumstances of the case, reduce the punishment in respect to an accomplice within the limits specified by law (Art. 179).
(5) When the person who committed the crime went beyond what was intended by the accomplice the latter shall be liable to punishment only for the crime he intended or could foresee (Art. 58(3).
The actual criminal shall alone be answerable for the more serious crime which he committed .

Article 38.-Criminal Conspiracy.
(1) Where two or more persons enter into an agreement to commit a crime the provisions regarding participation and aggravation of punishment due to the above-mentioned circumstances are applicable (Art. 84(1)(d)).
(2) The foregoing provision shall, however, not affect the provisions contained in the Special Part of this Code relating to conspiracies against the essential interests of the State and its defence, the forming of unlawful associations and the participation therein, as well as to the organization of gangs or associations of wrongdoers (Art. 257, 274, 300 and 478 ) .

PART I

GENERAL PART

BOOK I

CRIMES AND CRIMINALS

TITLE III

CONDITIONS OF LIABILITY TO PUNISHMENT IN RESPECT OF

CRIMES

CHAPTER I

CRIMINAL RESPONSIBILITY

Section I.- Ordinary Responsibility

Article 48.- Criminal Responsibility and Irresponsibility.

(1) The criminal who is responsible for his acts is alone liable to punishment under the provisions of criminal law .

PART II

SPECIAL PART

BOOK III

CRIMES AGAINST THE STATE OR AGAINST NATIONAL OR INTERNATIONAL INTERESTS

TITLE II

CRIMES IN VIOLATION OF INTERNATIONAL LAW

CHAPTER I

FUNDAMENTAL CRIMES

Article 274.- Provocation and Preparation.

Whoever, with the object of committing, permitting or supporting any of the crimes provided for in the preceding Articles:
(a) publicly provokes or encourages, by word of mouth, images or writings ; or

(b) conspires towards or plans with another, urges the formation of, or himself forms a band or group, joins such a band or group, adheres to its schemes or obeys its instructions ,
is punishable with rigorous imprisonment not exceeding five years .

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.