'Abetting' in document 'Ghana - Criminal Code'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART I—GENERAL PROVISIONS

CHAPTER 4—ABETMENT AND CONSPIRACY

Section 20—Abetment of Crime and Trial and Punishment of Abettor.

(1) Every person who, directly or indirectly, instigates, commands, counsels, procures, solicits, or in any manner purposely aids, facilitates, encourages, or promotes, whether by his act or presence or otherwise, and every person who does any act for the purpose of aiding, facilitating, encouraging or promoting the commission of a crime by any other person, whether known or unknown, certain or uncertain, is guilty of abetting that crime, and of abetting the other person in respect of that crime.

PART I—GENERAL PROVISIONS

CHAPTER 4—ABETMENT AND CONSPIRACY

Section 20—Abetment of Crime and Trial and Punishment of Abettor.

(2) Every person who abets a crime shall, if the crime is actually committed in pursuance or during the continuance of the abetment, be deemed guilty of that crime.

(3) Every person who abets a crime shall, if the crime is not actually committed, be punishable as follows, that is to say—

(a) where the crime abetted was punishable by death the abettor shall be liable to imprisonment for life ; and
(b) in any other case the abettor shall be punishable in the same manner as if the crime had been actually committed in pursuance of the abetment.

(4) An abettor may be tried before, with, or after a person abetted, and although the person abetted is dead or is otherwise not amenable to justice.

(5) An abettor may be tried before, with, or after any other abettor, whether he and such other abettor abetted each other in respect of the crime or not, and whether they abetted the same or different parts of the crime.

(6) An abettor shall have the benefit of any matter of exemption, justification, or extenuation to which he is entitled under this Code, notwithstanding that the person abetted or any other abettor is not entitled to the like benefit.

(7) Every person who, within the jurisdiction of the Courts, abets the doing beyond the jurisdiction of an act which, if done within the jurisdiction, would be a crime, shall be punishable as if he had abetted that crime.

PART I—GENERAL PROVISIONS

CHAPTER 4—ABETMENT AND CONSPIRACY

Section 21—Cases where One Crime is Abetted and a Different Crime is Committed.

(1) Where a person abets a particular crime, or abets a crime against or in respect of a particular person or thing and the person abetted actually commits a different crime, or commits the crime against or in respect of a different person or thing, or in a manner different from that which was intended by the abettor, the following provisions shall have effect—

(a) if it appears that the crime actually committed was not a probable consequence of the endeavour to commit, nor was substantially the same as the crime which the abettor intended to abet, nor was within the scope of the abetment, the abettor shall be punishable for his abetment of the crime which he intended to abet in the manner provided by this Chapter with respect to the abetment of crimes which are not actually committed ; and
(b) in any other case, the abettor shall be deemed to have abetted the crime which was actually committed, and shall be liable to punishment accordingly.

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:
(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