SCHEDULE 1 – THE CRIMINAL CODE.

PART I. – INTRODUCTORY.

Division 2. – Parties to Offences.

7. PRINCIPAL OFFENDERS.

(1) When an offence is committed, each of the following persons shall be deemed to have taken part in committing the offence and to be guilty of the offence, and may be charged with actually committing
it : –

(a) every person who actually does the act or makes the omission that 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 another person in committing the offence ;
(d) any person who counsels or procures any other person to commit the offence.

(2) In Subsection (1)(d), the person may be charged with–

(a) committing the offence ; or
(b) counselling or procuring its commission.

(3) 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.

(4) 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, it would have constituted an offence on his part, is–

(a) guilty of an offence of the same kind ; and
(b) liable to the same punishment,
as if he had done the act or made the omission, and may be charged with himself doing the act or making the omission.

8. OFFENCES COMMITTED IN PROSECUTION OF COMMON PURPOSE.

Where–

(a) two or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another ; and
(b) 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 the purpose, each of them shall be deemed to have committed the offence.

9. MODE OF EXECUTION IMMATERIAL.

(1) Where–

(a) a person counsels another to commit an offence ; and
(b) an offence is actually committed under that counsel by the person to whom it is given, it is immaterial whether –
(c) the offence actually committed is the same as that counselled or a different one ; or
(d) the offence is committed in the way counselled, or in a different way,
if the facts constituting the offence actually committed are a probable consequence of carrying out the counsel.

(2) The person who gave the counsel shall be deemed to have counselled the other person to commit the offence actually committed by him.

10. ACCESSORIES AFTER THE FACT.

(1) A person who receives or assists another who is, to his knowledge, guilty of an offence, in order to enable him to escape punishment, is an accessory after the fact to the offence.

(2) A married woman does not become an accessory after the fact to an offence of which her husband is guilty–

(a) by receiving or assisting him in order to enable him to escape punishment ; or
(b) by receiving or assisting, in her husband’s presence and by his authority, another person who is guilty of an offence in the commission of which her husband has taken part, in order to enable that other person to escape punishment.

(3) A married man does not become an accessory after the fact to an offence of which his wife is guilty by receiving or assisting her in order to enable her to escape punishment.

SCHEDULE 1 – THE CRIMINAL CODE.

PART V. – OFFENCES AGAINST THE PERSON AND RELATING TO MARRIAGE AND PARENTAL RIGHTS AND DUTIES, AND AGAINST THE REPUTATION OF INDIVIDUALS.

Division 3. – Homicide: Suicide: Concealment of Birth

313A. GENOCIDE.

A person who–

(a) commits genocide ; or
(b) conspires to commit genocide ; or
(c) incites a person to commit genocide ; or
(d) attempts to commit genocide ; or
(e) takes part in the commission of genocide, is guilty of a crime.

Penalty : Subject to Section 19, imprisonment for life.

SCHEDULE 1 – THE CRIMINAL CODE.

PART VII. – PREPARATION TO COMMIT OFFENCES: CONSPIRACY: ACCESSORIES AFTER THE FACT.

Division 1. – Attempts and Preparation to Commit Offences.

513. ATTEMPTS TO PROCURE COMMISSION OF CRIMINAL ACTS.

(1) Subject to Subsection (2), a person who attempts to procure another to do any act or make any omission, whether in Papua New Guinea or elsewhere, of such a nature that, if the act were done or the omission were made in Papua New Guinea an offence would be committed under the laws of Papua New Guinea, or the laws in force in the place where the act or omission is proposed to be done or made, whether by himself or by that other person, is guilty of an offence of the same kind and is liable to the same punishment as if he had himself attempted to do the same act or make the same omission in Papua New Guinea.

(2) Subject to Subsection (3), if the act or omission referred to in Subsection (1) is proposed to be done or made at a place not in Papua New Guinea, the punishment cannot exceed that which he would have incurred under the laws in force where the act or omission was proposed to be done or made, if he had himself attempted to do the proposed act or make the proposed omission.

(3) In a case referred to in Subsection (2), a prosecution shall not be instituted except at the request of the Government of the State having jurisdiction in the place where the act or omission was proposed to be done or made.

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.