'Commission through another person' in document 'Mauritius - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

BOOK II — PERSONS PUNISHABLE, EXCUSABLE OR RESPONSIBLE

37 Accomplices

Except where otherwise provided in any enactment, the accomplices in a crime or misdemeanour shall be punished with the same kind of punishment, or one of the punishments applicable to the crime or misdemeanour, for the time that shall be fixed by the sentence.

BOOK II — PERSONS PUNISHABLE, EXCUSABLE OR RESPONSIBLE

38 Giving instructions and aiding and abetting

(1) Any person who, by gift, promise, menace, abuse of authority or power, machination or culpable artifice instigates, or gives any instruction for, the commission of a crime or misdemeanour shall be punished as an accomplice in the crime or misdemeanour.

BOOK II — PERSONS PUNISHABLE, EXCUSABLE OR RESPONSIBLE

38 Giving instructions and aiding and abetting

(2) Any person who procures arms, instruments, or any other means used in the commission of a crime or misdemeanour, knowing that they were to be so used, shall be deemed an accomplice.

BOOK II — PERSONS PUNISHABLE, EXCUSABLE OR RESPONSIBLE

38 Giving instructions and aiding and abetting

(3) Any person who knowingly aids and abets the author of any crime or misdemeanour in the means of preparing, facilitating or perpetrating the crime or misdemeanour, shall be deemed an accomplice, without prejudice to the punishments specially provided by law against the authors of plots or of instigations to offences affecting the internal or external safety of the State, even in cases where the crime which was the object of the conspirators or instigators has not been committed.

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