Cape Verde Legislative Decree 4/2003 of 18 November 2003 - PENAL CODE

VOLUME I - GENERAL PROVISIONS

TITLE II - PUNISHABLE DEEDS

CHAPTER I - DEFINING CRITERIA OF PUNISHMENT

Article 10
(Activity on behalf of another party)

When a person acts as a senior executive of a legal person or de facto association, or as the representative of another party, the fact that the conditions, characteristics or relationships cited in the standard definition of a particular offence do not pertain to him personally but rather to the person on whose behalf he is acting do not mean that he is not punishable.

Cape Verde Legislative Decree 4/2003 of 18 November 2003 - PENAL CODE

VOLUME I - GENERAL PROVISIONS

TITLE II - PUNISHABLE DEEDS

CHAPTER I - DEFINING CRITERIA OF PUNISHMENT

Article 14
(Negligence)
Anyone who

(a) would be in a position to carry out a deed that corresponds to the description of a standard type of crime and acts in a manner inconsistent therewith, or

(b) does not even reach the point of being in a position to carry out the deed
acts with negligence if he fails to proceed with the care required of him in the circumstances.

Cape Verde Legislative Decree 4/2003 of 18 November 2003 - PENAL CODE

VOLUME I - GENERAL PROVISIONS

TITLE II - PUNISHABLE DEEDS

CHAPTER II - CHARACTERISTICS OF A PUNISHABLE DEED

Article 19
(Concept of preparatory acts)

Preparatory acts are external acts that may facilitate or prepare for the execution of a punishable deed, but which do not constitute the commencement of execution as described in Article 21.

Cape Verde Legislative Decree 4/2003 of 18 November 2003 - PENAL CODE

VOLUME I - GENERAL PROVISIONS

TITLE II - PUNISHABLE DEEDS

CHAPTER II - CHARACTERISTICS OF A PUNISHABLE DEED

Article 20
(Punishability of preparatory acts)

1.Unless otherwise provided by law, preparatory acts shall not be punishable.

2.In those exceptional cases where they are punishable, the applicable penalty shall be of a duration of not less than the minimum legal period and not more than three years; and accordingly no penalty may be imposed that exceeds one third of the maximum legal penalty prescribed for the crime for which preparations were being made.

Cape Verde Legislative Decree 4/2003 of 18 November 2003 - PENAL CODE

VOLUME I - GENERAL PROVISIONS

TITLE II - PUNISHABLE DEEDS

CHAPTER II - CHARACTERISTICS OF A PUNISHABLE DEED

Article 21
(Attempted offence)

1. There is an attempted offence when the perpetrator, with wrongful intent, carries out acts for the execution of an offence without that offence being completed.

2. The following are acts for the execution of an offence:

(a) those that correspond in one or more elements to the description of the standard type of crime;

(b) those that are appropriate for producing the typical result;

(c) those that, according to common experience and except in unforeseeable circumstances, are of such a nature as to create the expectation that they will be followed by acts of the kinds indicated in the preceding subparagraphs.

Article 22
(Punishability of an attempted offence)

1. Barring a legal provision to the contrary, an attempted offence shall be punishable only if the crime, had it been completed, would have carried a penalty of more than three years' imprisonment.

2.Inasmuch as the attempted offence is punishable, the penalty may be freely lessened, although it may not be less than one half the minimum period established for the crime, had it been completed, or the minimum legal period, unless otherwise provided under the law.

Cape Verde Legislative Decree 4/2003 of 18 November 2003 - PENAL CODE

VOLUME I - GENERAL PROVISIONS

TITLE II - PUNISHABLE DEEDS

CHAPTER II - CHARACTERISTICS OF A PUNISHABLE DEED

Article 24
(Cessation and active repentance)

1. Any perpetrator who of his own will ceases to pursue the carrying out of an offence or prevents its completion, or, having completed it, prevents the result that the law seeks to avoid from effectively coming about, shall be exempt from penalty.

2.The same regime set forth in the preceding paragraph shall apply if the completion of the offence or effective coming about of its result is thwarted by some circumstance independent of the perpetrator's conduct, if he makes a genuine effort to prevent the completion of such offence or the effective coming about of its result.

3. In the case of co-participation, anyone who of his own will prevents the completion of an offence or the effective coming about of its result, or who makes a genuine effort to prevent the completion of such offence or the effective coming about of its result shall likewise be exempt from penalty even if other co-participants have continued to pursue the carrying out of the offence or have completed it.

4. The provisions of the preceding paragraphs shall likewise be applicable to preparatory acts if they are punishable pursuant to the first half of paragraph 1 of Article 20.

Cape Verde Legislative Decree 4/2003 of 18 November 2003 - PENAL CODE

VOLUME I - GENERAL PROVISIONS

TITLE II - PUNISHABLE DEEDS

CHAPTER II - CHARACTERISTICS OF A PUNISHABLE DEED

Article 25
(Authorship)
The author of a deed is anyone who carries out the deed, whether directly himself or through someone else used as his agent, or who participates directly in the carrying out of the deed, or assists the carrying out of the deed by performing an act without which the deed would not have been accomplished.

Cape Verde Legislative Decree 4/2003 of 18 November 2003 - PENAL CODE

VOLUME I - GENERAL PROVISIONS

TITLE II - PUNISHABLE DEEDS

CHAPTER II - CHARACTERISTICS OF A PUNISHABLE DEED

Article 26
(Provocation)
Anyone who, directly and with wrongful intent, causes someone else to perform a deed shall be punished as an author of that deed provided that the deed has begun to be carried out.

Cape Verde Legislative Decree 4/2003 of 18 November 2003 - PENAL CODE

VOLUME I - GENERAL PROVISIONS

TITLE II - PUNISHABLE DEEDS

CHAPTER II - CHARACTERISTICS OF A PUNISHABLE DEED

Article 27
(Complicity)
1. Anyone who, with wrongful intent and in circumstances not covered in the preceding articles, provides material or moral support, with acts carried out prior to or simultaneous with the carrying out of a wrongful deed by someone else, is an accomplice.

2.An accomplice shall be subject to the same penalties as an author, and they may be freely lessened in accordance with the terms and limits applicable to an attempted offence.

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.