'Joint commission' in document 'Timor-Leste - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

BOOK I
GENERAL PART

TITLE II
ON CRIME

CHAPTER II
FORMS OF CRIME

Article 27. Cases of joint commission

In the event of joint commission, the attempt of a person shall not be punishable, if the same voluntarily desists from proceeding with commission of the crime, or hinders or voluntarily desists in realizing its result, or earnestly endeavors to hinder either, even if other coparticipants proceed with execution or commission of the act.

BOOK I
GENERAL PART

TITLE II
ON CRIME

CHAPTER III
PERPETRATORS OF CRIME

Article 30. Authorship

1. A principal is the person who commits the act either directly or through a third party who serves as an instrument for the former.

2. Coprincipals of an act are any persons who, by expressed or tacit agreement, take direct part in commission of a crime or join forces in commission of the same crime.

BOOK I
GENERAL PART

TITLE II
ON CRIME

CHAPTER III
PERPETRATORS OF CRIME

Article 29. Perpetrators

Participation in the commission of a crime may take on the form of principal authorship, instigation or complicity and there can be various joint participants in the same act.

Article 30. Authorship

1. A principal is the person who commits the act either directly or through a third party who serves as an instrument for the former.

2. Coprincipals of an act are any persons who, by expressed or tacit agreement, take direct part in commission of a crime or join forces in commission of the same crime.

Article 31. Instigation

A person is punishable who, directly and maliciously, instigates another person to commit the crime, if said crime is actually committed or initiated.

Article 32. Complicity

1. A person is punishable as an accomplice who, with intent, materially or morally aids another person to commit a crime.

2. In the case of an accomplice, the penalty prescribed for the unlawful act is extraordinarily mitigated.

Article 33. Guilt in joint participation

Each individual participant is punishable according to his or her guilt, regardless of the penalty or degree of guilt of the others.

Article 34. Unlawfulness in joint participation

1. If the unlawfulness or degree of unlawfulness of an act is dependent on certain qualities or special relationships of the perpetrator, it is sufficient that such qualities or special relationships are reflected in any one of the joint participants, for the respective penalty to be applicable to them all, unless specific law provides otherwise.

2. Whenever, pursuant to the rule provided in the previous subarticle, a more serious penalty is applicable to any of the joint participants, said penalty may be replaced by the penalty that would apply if the rule had not intervened, depending on circumstances of the case.

BOOK I
GENERAL PART

TITLE II
ON CRIME

CHAPTER III
PERPETRATORS OF CRIME

Article 33. Guilt in joint participation

Each individual participant is punishable according to his or her guilt, regardless of the penalty or degree of guilt of the others.

Article 34. Unlawfulness in joint participation

1. If the unlawfulness or degree of unlawfulness of an act is dependent on certain qualities or special relationships of the perpetrator, it is sufficient that such qualities or special relationships are reflected in any one of the joint participants, for the respective penalty to be applicable to them all, unless specific law provides otherwise.

2. Whenever, pursuant to the rule provided in the previous subarticle, a more serious penalty is applicable to any of the joint participants, said penalty may be replaced by the penalty that would apply if the rule had not intervened, depending on circumstances of the case.

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.