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 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 .

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 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 .

PART I

GENERAL PART

BOOK I

CRIMES AND CRIMINALS

TITLE III

CONDITIONS OF LIABILITY TO PUNISHMENT IN RESPECT OF CRIMES

CHAPTER II

CRIMINAL GUILT

Sub-section 1.- Guilt in Case of a Simple Crime

Article 58.- Criminal Intention.

(1) A person is deemed to have committed a crime intentionally where:
(a) he performs an unlawful and punishable act with full knowledge and intent in order to achieve a given result; or
(b) he being aware, that his act may cause illegal and punishable consequences, commits the act regardless that such consequences may follow.

(2) An intentional crime is always punishable save in cases of justification or excuse expressly provided by law (Arts. 68-81).

(3) No person shall be convicted for what he neither knew of or Intended, nor for what goes beyond what he intended either directly or as a possibility, subject to the provisions governing negligence .

Article 30
Mental element
1. Unless otherwise provided, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court only if the material elements are committed with intent and knowledge.
2. For the purposes of this article, a person has intent where:
(a) In relation to conduct, that person means to engage in the conduct;
(b) In relation to a consequence, that person means to cause that consequence or is aware that it will occur in the ordinary course of events.
3. For the purposes of this article, "knowledge" means awareness that a circumstance exists or a consequence will occur in the ordinary course of events. "Know" and "knowingly" shall be construed accordingly.