PENAL CODE OF BOTSWANA

PART I - General Provisions

Parties to Offences (ss 21-24)

21.Principal offenders
(1) 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-

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(b) every person who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence;

PENAL CODE OF BOTSWANA

PART I - General Provisions

Parties to Offences (ss 21-24)

23. Counselling another to commit an offence

(1) When a person counsels another to commit an offence, and an offence is actually committed after such counsel by the person to whom it is given, it is immaterial whether the offence actually committed is the same as that counselled or a different one, or whether the offence is committed in the way counselled or in a different way, provided in either case that the facts constituting the offence actually committed are a probable consequence of carrying out the counsel.

(2) In either case the person who gave counsel is deemed to have counselled the other person to commit the offence actually committed by him.

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