'Common purpose' in document 'Macedonia - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

2. A CRIME AND CRIMINAL RESPONSIBILITY

2.2. Preparation and attempt of a crime

Preparation

Article 18

(3) When the law prescribes punishment for the preparation of a certain crime, the preparation may consist of procurement or adaptation of means for the perpetration of a crime ; of removing hindrances for committing the crime; of making agreements, planning or organizing together with other perpetrators of a crime; as well as of other activities with which conditions are created for direct perpetration of the crime, and which do not represent an action of perpetration.

SPECIAL PART

34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW

Organizing group and urging for commitment of genocide and war crimes

Article 416-a

(1) One who will organize a group with an intention to commit crimes stipulated in the articles 403 through 416, shall be sentenced with imprisonment of at least eight years.

(2) One who will become a member of the group stipulated in paragraph 1, shall be sentenced with imprisonment of at least four years.

(3) Member of the group stipulated in the paragraph 2, who will disclose the group before he/she commits crime as its member or in its behalf, shall be pardoned.

(4) One that calls on or urges for commitment of the crimes stipulated in the articles 403 through 416, shall be sentenced with imprisonment of one to ten years.

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:
(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