'Joint commission' in document 'Malawi - Penal code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART I
GENERAL PROVISIONS

CHAPTER V
PARTIES TO OFFENCES

21. Principal offenders

When an offence is committed, each of the following persons is deemed to have taken part in committing the offence and to be guilty of the offence, and may be charged with actually committing it, that is to say —

(a) every person who actually does the act or makes the omission which constitutes the offence ;
(b) every person who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence ;
(c) every person who aids or abets another person in committing the offence ; and
(d) any person who counsels or procures any other person to commit the offence.

In the fourth case he may be charged with himself committing the offence or with counselling or procuring its commission.

A conviction of counselling or procuring the commission of an offence entails the same consequences in all respects as a conviction of committing the offence.

Any person who procures another to do or omit to do any act of such a nature that if he had himself done the act or made the omission the act or omission would have constituted an offence on his part, is guilty of an offence of the same kind, and is liable to the same punishment, as if he had himself done the act or made the omission; and he may be charged with himself doing the act or making the omission.

PART I
GENERAL PROVISIONS

CHAPTER V
PARTIES TO OFFENCES

22. Offences committed by joint offenders in prosecution of common purpose

When two or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another, and in the prosecution of such purpose an offence is committed of such a nature that its commission was a probable consequence of the prosecution of such purpose, each of them is deemed to have committed the offence.

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.