GENERAL PART

TITLE TWO
CRIMINAL OFFENCE

3. Complicity in criminal offence

Principal and Co-principal

Article 23
(1) A principal shall be a person who commits a criminal offence himself or a person who carries out the crime through another person provided that this other person can not be considered to be the principal.

(2) Where several persons jointly take part in the commission of a crime with wrongful intent or by negligence, or where they follow their prior arrangement and jointly act with wrongful intent and thus make a significant contribution to the commission of the criminal offence, each person shall receive a punishment prescribed for the crime in question.

Instigation

Article 24
(1) Anyone who acts with wrongful intent to instigate another person to commit a criminal offence shall receive a punishment as if he committed the crime by himself.

(2) Anyone who acts with wrongful intent to instigate another person to commit a criminal offence which carries a five year prison term or a more severe punishment but does not even attempt commission shall receive the punishment laid down by law for the attempted criminal offence.

Aiding

Article 25
(1) Anyone who acts with wrongful intent to aid another in the commission of a criminal offence shall be punished as if he committed it himself, but may receive a lighter punishment.

(2) The following, in particular, shall be considered as aiding in the commission of a criminal offence: giving counsel or instructions on how to commit the crime, supplying the perpetrator with the means for commission of the crime, creating conditions or removing obstacles to the commission of crime as well as promising one prior to the commission to conceal the crime, a perpetrator, the means by which the crime was committed, any traces of the crime, or the proceeds of crime.

Limits of Liability and Punishment of accomplices

Article 26
(1) Co-principal liability is defined by his wrongful intent or negligence, and instigator and aider liability by their wrongful intent.

(2) Where A co-principal, instigator or an aider voluntarily prevented the commission of a criminal offence, punishment may be remitted.

(3) Personal relations, capacity and circumstances for which the law excludes culpability or allows for the remission of punishment and which serve as ground to qualify an offence as serious or minor, or have an impact on the punishment imposed, may apply only to the principal, co-principal, instigator or aider with whom such relations, capacity and circumstances exist.

Punishment of Instigator and Aider forattempt and for Minor Criminal Offence

Article 27
(1) Where the commission remains incomplete, the instigator and aider shall receive a punishment for an attempt.

(2) Where the principal commits a minor criminal offence than the one that instigation or aiding refers to and which would have been contained in it, the instigator and aider shall receive punishment for the criminal offence committed.

(3) The provision of para. 2 hereof shall not apply if the instigator would receive a more severe punishment under Art.24, para. 2, hereof.

SPECIAL PART

TITLE THIRTY -TWO
CRIMINAL OFFENCES AGAINST PUBLIC LAW AND ORDER

Conspiracy to commit a crime

Article 400
Anyone who conspires with another to commit a criminal offence punishable by a prison term of five years or longer shall be punished by a fine or a prison term up to one year.

Criminal Association

Article 401
(1) Anyone who organizes a group or other association with a view to commit criminal offences punishable by a prison term of one year or longer shall be punished by a prison term up to three years.

(2) Where the offence under para. 1 above refers to an association that aims to commit criminal offences punishable by a prison term of five years or longer, the mastermind of the association shall be punished by a prison term from one to eight years, and a member of the association by a prison term up to two years.

(3) Where the offence under para. 1 above refers to an association that aims to commit criminal offences punishable by a fifteen year prison term, the mastermind of the association shall be punished by a prison term from two to twelve years, and a member of the association by a prison term up to three years.

(4) Where the offence under para. 1 above refers to an association that aims to commit criminal offences punishable by a twenty year prison term or a forty year prison term, the mastermind of the association shall be punished by a prison term not shorter than ten years or a thirty year prison term, and a member of the association by a prison term from six months to five years.

(5) The mastermind of the association referred to in paras 1 to 4 above who reveals the association or otherwise prevents the commission of criminal offences for which the association was founded shall be punished by a prison term up to three years, and his punishment may also be remitted.

(6) Punishment may also be remitted where a member of the association referred to in paras 2, 3 and 4 above reveals the association and contributes to its revelation.

(7) The organizer and a member of the association who commits a criminal offence as a member of association shall be punished for that criminal offence as well.

Establishment of Criminal Organization

Article 401a
(1) Whoever organizes a criminal organization aimed at committing criminal offences punishable by law by a prison term of four years or a more severe punishment shall be punished by a prison term from three to fifteen years.

SPECIAL PART

TITLE THIRTY -TWO
CRIMINAL OFFENCES AGAINST PUBLIC LAW AND ORDER

Establishment of Criminal Organization

Article 401a

(2) A member of the criminal organization referred to in para. 1 above shall be punished by a prison term from one to eight years.

(3) The mastermind of a criminal organization who prevents the commission of criminal offences for the purpose of which the organization was created by revealing the criminal organization or otherwise shall be punished by a prison term from three months to three years and his punishment may also be remitted.

(4) A member of a criminal organization who reveals the criminal organization or contributes to it being revealed shall be punished by a prison term up to one year, and his punishment may also be remitted.

(5) The mastermind and a member of a criminal organization who commits a criminal offence as a member of criminal organization shall be punished for that offence as well.

(6) The criminal organization referred to in para. 1 above shall be considered to include the organization composed of three or more persons which has as its objective the commission of criminal offences punishable by law by a four year prison term or a more severe punishment for the purpose of obtaining unlawful gain or power, provided that minimum three of the following conditions are met :

1) that each member of the criminal organization had a predefined or obviously definable task or role ;
2) that activities of the criminal organization have been planned for a longer period of time or for an unlimited period ;
3) that the activities of the criminal organization are based on the application of certain rules of internal control and member discipline ;
4) that the activities of the criminal organization are planned and implemented in international proportions ;
5) that activities of the criminal organization include the application of violence or intimidation or that there is readiness for their application ;
6) that activities of the criminal organization include the use of economic or business structures ;
7) that activities of the criminal organization include laundering of money or illicit proceeds or
8) that there is an influence of the criminal organization or its part upon the political authority, media, legislative, executive or judicial powers or other important social or economic factors.

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.