The General Part

Title II
Offences

Chapter V
Participation

Participants
Art.37 – Participants are persons who contribute to the perpetration of an act provided by the criminal law as authors, instigators or accomplices.

Authors
Art.38– (1) A person committing an offence directly is an author.

(2) Should several persons commit an offence directly and together, each person shall be punished as an author.

Instigators
Art.39 – An instigator is a person who intentionally determines another person to commit an offence.

Accomplices
Art.40 – (1) An accomplice is a person who voluntarily facilitates or helps in any way in the commission of an offence.

(2) A person who promises, either before or during the commission of the offence, to conceal the proceeds emerging from it or to favour the perpetrator, even if after commission of the offence the promise is not kept, shall also be an accomplice.

Penalty for participation
Art.41 – Instigators and accomplices to an offence provided by the criminal law, committed intentionally, shall be sanctioned by the penalty provided in the law for authors. In establishing the penalty, each person’s contribution to the commission of the offence, as well as the provisions of article 87, shall be taken into account.

Real and personal circumstances
Art.42 – (1) Circumstances relating to the person of the author or that of another participant shall not be transmitted to the others.

(2) Circumstances relating to the act shall be transmitted to the participants only to the extent that they were aware of them or foresaw them.

Hindrance of perpetration

Art.43 – (1) A participant shall not be punished if he/she hinders its occurrence, during execution, but before the act is discovered.

(2) If the acts committed until the moment of hindrance make up another offence, the participant shall be punished for that offence.

Improper participation

Art.44 – (1) Determining, facilitating or helping, in any manner, voluntarily, to the commission in negligence by another, of an act provided in the criminal law, shall be sanctioned by the penalty provided in the law for the act perpetrated in intent.

(2) Determining, facilitating or helping, in any manner, voluntarily, to the commission without guilt by another, of an act provided in the criminal law, shall be sanctioned by the penalty provided in the law for that act.

(3) Provisions of art.42 and 43 apply accordingly.

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.