GENERAL PART

Chapter I
Principles of penal liability

Article 1.

§ 3. The perpetrator of an prohibited act does not commit an offence if guilt cannot be attributed
to him at the time of the commission of the act .

GENERAL PART

Chapter I
Principles of penal liability

Article 3. Penalties and other measures provided for in this Code shall be applied with a view to
humanitarian principles, particularly with the respect for human dignity.

GENERAL PART

Chapter II
Forms of Commission of an Offence

Article 18. § 1. Not only the person who has committed a prohibited act himself or together and
under arrangement with another person, but also a person who has directed the commission of a
prohibited act by another person, or taken advantage of the subordination of another person to him, orders such a person to commit such a prohibited act, shall be liable for perpetration.

§ 2. Whoever, willing that another person should commit a prohibited act, induces the person to
do so, shall be liable for instigating.

§ 3. Whoever, with an intent that another person should commit a prohibited act, facilitates by his
behaviour the commission of the act, particularly by providing the instrument, means of transport, or giving counsel or information, shall be liable for aiding and abetting. Furthermore, whoever, acting against a particular legal duty of preventing the prohibited act, facilitates its commission by another person through his omission, shall also be liable for aiding and abetting.

Article 19. § 1. The court shall impose the penalty for instigating, and aiding and abetting within
the limits of the sanction provided in law for perpetrating.

§ 2. In imposing the penalty for aiding and abetting, the court may apply extraordinary mitigation
of punishment.

Article 20. Each persons co-operating in the perpetration of a prohibited act shall be liable within
the limits of his intent or a lack of it, irrespective of the liability of others co-operating in the perpetration.

GENERAL PART

Chapter II
Forms of Commission of an Offence

Article 24. Whoever incites another person to commit a prohibited act, in order to direct criminal
proceedings towards such a person, shall be liable as for instigating; in this case Articles 22 and 23 shall not be applied.

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.