'Individual criminal responsibility' in document 'Slovakia - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART ONE
GENERAL PART

CHAPTER ONE
SCOPE OF THE ACT AND FOUNDATIONS OF CRIMINAL LIABILITY

Title Two
Foundations of Criminal Liability

DIVISION TWO
OFFENDER, ACCOMPLICE AND ABBETOR OF A CRIMINAL OFFENCE

Section 19
Offender

(1) An offender of a criminal offence is the person who committed a criminal offence acting on his own.

(2) Only a natural person may be considered as the offender of a criminal offence.

PART TWO
SPECIAL PART

CHAPTER EIGHT
CRIMINAL OFFENCES AGAINST PUBLIC ORDER

Title Four
Certain Forms of Criminal Involvement

Section 337
Incitement

Any person who publicly incites the commission of a criminal offence, or makes a public appeal to large-scale non-compliance with an important duty prescribed by law, or based on the law, or to serious disturbances of public order, shall be liable to a term of imprisonment of up to two years.

PART TWO
SPECIAL PART

CHAPTER EIGHT
CRIMINAL OFFENCES AGAINST PUBLIC ORDER

Title Four
Certain Forms of Criminal Involvement

Section 339
Aiding and Abetting

(1) Any person who provides assistance to the offender of a crime with the intention of helping him evade the criminal prosecution, imposition or execution of a sentence or protective measure shall be liable to a term of imprisonment of up to three years; if, however, such assistance is provided to the offender who has committed a criminal offence carrying a lesser sentence under this Act, such lesser sentence shall be imposed.

(2) No person who commits the offence referred to in paragraph 1 for the benefit of a close person shall be held criminally liable unless he does so with the intention to

a) assist a person who committed the criminal offence of high treason pursuant to Section 311, plotting against the Slovak Republic pursuant to Section 312, terror pursuant to Sections 313 and 314, distructive actions pursuant to Sections 315 and 316, sabotage pursuant to Section 317, espionage pursuant to Section 318 or genocide pursuant to Section 418, or
b) obtain property benefit for himself or another.

(3) No person who commits the offence referred to in paragraph 1 shall be held criminally liable if he was forced to provide such assistance and could not refuse it without putting himself or a close person at the risk of death, bodily harm or other serious harm.

RELEVANT ROME STATUTE PROVISIONS

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.