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-

...
(d) any person who counsels or procures any other 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.

PENAL CODE OF BOTSWANA

DIVISION I - OFFENCES AGAINST PUBLIC ORDER

Treason and other Offences against the State's Authority

38. Promoting war or warlike undertaking

Any person who, without lawful authority, carries on, or makes preparation for carrying on, or aids in or advises the carrying on of, or preparation for, any war or warlike undertaking with, for, by, or against any person or group of persons within Botswana, is guilty of an offence and is liable to imprisonment for not less than 15 years nor more than 25 years.

PENAL CODE OF BOTSWANA

PART II - Crimes

DIVISION IX - ATTEMPTS AND CONSPIRACIES TO COMMIT CRIMES, AND ACCESSORIES AFTER THE FACT (ss 388-395)

Attempts (ss 388-391)

391. Soliciting or inciting others to commit offence

Any person who solicits or incites or attempts to procure another to do any act or make any omission of such a nature that, if the act were done or the omission were made, whether by himself or that other person, an offence would thereby be committed, is guilty of an offence and liable to the same punishment as if he had himself attempted to commit that offence.

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:
(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted