'Joint commission' in document 'Mongolia - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

TITLE TWO
CRIME

CHAPTER SIX
STAGES OF CRIME

Article 31. Preparation to a Crime

31.1. Preparation to a crime shall be the looking for, making or adaptation of the means or tools, selection of accomplices, collusion to commit a crime, or any other deliberate creation of conditions for committing a crime.

31.2. In the absence of signs of another crime preparation to a minor crime shall not be subject to criminal liability.

GENERAL PART

TITLE TWO
CRIME

CHAPTER SEVEN
COMPLICITY

Article 34. Complicity

34.1. Complicity shall be recognized as a deliberate joint participation of two or more persons in committing a crime.

Article 35. Accomplices

35.1. Contractor, organizer, instigator, principal and accessory shall be recognized as accomplices in a crime.

35.2. Contractor shall be a person who hires others to commit a crime.

35.3. An organizer shall be the person who has organized or managed the accomplishment of the crime, or created the organized criminal group, organized and directed its activities.

35.4. An instigator shall be the person who has persuaded to commit the crime.

35.5.A principal shall be the person who has committed the crime.

35.6. An accessory shall be the person who has assisted in committing the crime by giving advice, instructions and by providing arms and means or by removing obstacles as well as the person who promised in advance to conceal the offender, tools and means of the crime, traces of the crime or things obtained by way of crime.

Article 36. Forms of Complicity

36.1. Complicity in crimes shall be of co-principals, an advance agreement by a group of persons, organized group and a criminal organization forms.

36.2. Two or more persons with no advance agreement but acting jointly to commit a crime shall be recognized co-principals.

36.3. Two or more persons joining at an advance agreement to commit a crime shall be recognized a group at an advance agreement.

36.4. A permanent group joining at an advance agreement for the purpose of committing crimes shall be recognized an organized group.

36.5. Union of criminals pursuing the purpose of gaining profit, structured into an organization shall be recognized a criminal organization.

Article 37. Criminal Liability of Co-principals

37.1. In determining the type and amount of criminal liability of the accomplices the court shall take into account the role, character and degree of actions of each accomplice in committing the crime and apply Article 35 of the General Part of the Criminal Code.

37.2. Leaders of organized and criminal groups shall be subject to criminal liability for such management in the events specified in the articles of the Special Part and for all crimes committed by such a group.

37.3. Other participants in the organized and criminal groups shall be subject to criminal liability for both participation in such groups and for their respective committed crimes.

37.5. An organizer may not imposed penalty lower than that of the principal for the which was committed at his/her order.

Article 38. Deviation of the Principal

36.1. Committing by the principal of a crime of which the other accomplices were unaware, that is, committing a crime without agreement with them shall be called deviation of the principal. The other accomplices shall not be subject to criminal liability for the crime committed by deviation.

Article 39. Relation to Crimes

39.1. Persons who conceal or fail to report on crimes shall be in relation to crimes.

39.2. Concealment of the criminal as well as of tools and means of the crime, traces of the crime or objects obtained by way of crime, if such concealment has not been promised in advance shall be called concealer.

39.3. Failure to inform the relevant authority or official about a really known prepared or accomplished crime shall be non-reporting on crimes.

39.4. Concealment of or failure to inform about the crimes specified in the Special Part of this Code shall be subject to criminal liability.

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:
(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.