Book ONE

General Provisions on Crimes and Punishments

Part One

Crimes

Chapter One

The Limits for the Application of the Law of Crimes and Penalties

General Definitions

Principles of Legitimacy

Article (2): Criminal Liability is personal and any crime and punishment must be defined by law as such.

Book ONE
General Provisions on Crimes and Punishments

Part One
Crimes

Chapter Two
Crimes

Section One
The Elements of a Crime

Causal Linkage

Article (7):
A person shall not be liable for a crime, which the Law requires for its consummation a specific result thereof, unless the conduct of such a person in deed or omission was the cause leading to the occurrence of such result; Causal Linkage is shall stand, whenever in the normal course of events in life, the conduct of the perpetrator was the cause of the result; what ever he caused which leads to a loss, provided that such linkage is rejected if another factor is involved, which in itself is adequate to lead to the same result, wherein such case the liability of the person for his conduct, if the Law incriminates such a person for anything separate from such result.

Book ONE
General Provisions on Crimes and Punishments

Part One
Crimes

Chapter Two
Crimes

Section Four

Participation in A Crime

The Perpetrators

Article (21):
Anyone who, by his conduct, leads to the realization of the elements of a crime, including anyone in flight found at the scene of the crime at the time of its occurrence is regarded as a perpetrator; anyone who carries out a crime as an irresponsible executioner is regarded as an intermediary perpetrator-this being applicable even if the intermediary perpetrator is lacking any of the characteristics called for by law for the perpetrator; and those who together carry out acts of a crime by common intent or negligence are regarded as perpetrators.


Provocateurs
Article (22):
Anyone who tempts the perpetrator to carry out a crime is regarded to be a provocateur, who is subject to punishment if the perpetrator has attempted to carry out the crime; however, in certain crimes, provocation of a crime can be punishable, even if there is no consequence thereof.


Accomplices
Article (23):
An accomplice is whoever provides collateral assistance with the intent of committing a crime and such assistance may be prior to the execution of the crime, concurrently therewith, or subsequently thereto, whenever as such agreed to prior to the implementation of the crime accordingly. However, subsequent assistance, which is not agreed to prior to the perpetration of the crime, shall be punished as a special crime.


Punishment for Participation in a Crime
Article (24):
For crimes of slandering, anyone who participates in the crime as a perpetrator, provocateur, or accomplice shall be punished by the punishment ordained thereto, unless otherwise stipulated by Law; however, if the intent of a participant differs from the intent of the other participants, each participant shall be punished according to such intent.


Circumstances
Article (25):
All contributors of In-Kind mitigating circumstances realized shall benefit from such circumstances, even though they are not aware of them; only those who are aware of inured circumstances are liable as such and personal conditions or circumstances shall have an impact only on those they apply to, whether they were conflicting, mitigating or intensifying to the legal responsibility involved or preventive to meting out a punishment thereof.

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.