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CHAPTER II AMENDMENTS TO THE CRIMINAL CODE
Article 10
An article 136 sexies shall be inserted into the same Title and shall read as follows:
“Article 136 sexies
Whosoever manufactures, possesses or transports an instrument or device or any other object, erects a structure or alters an existing structure, in the knowledge that the instrument, device, object, structure or alteration is intended for the commission or to assist the commission of one of the offences referred to in articles 136 bis, 136 ter or 136 quater, shall be liable to the same penalty as that laid down for the offence whose commission they have enabled or facilitated.”
Article 11
An article 136 septies shall be inserted into the same Title and shall read as follows:
“Article 136 septies
The following shall be subject to the penalty laid down for the completed offence:
(1) an order, even if it is not put into effect, to commit one of the offences laid down in articles 136 bis, 136 ter and 136 quater;
(2) a proposal or offer to commit such an offence and the acceptance of such a proposal or offer;
(3) incitement of another to commit such an offence, even without practical effect;
(4) participation, within the meaning of articles 66 and 67, in such an offence, even without practical effect;
(5) a failure, on the part of those with knowledge of an order given to commit such an offence, or of facts constituting the beginning of such commission, and who were in a position to prevent such commission or to bring it to an end, to do everything in their power to prevent or end the commission of the offence;
(6) an attempt, within the meaning of articles 51 to 53, to commit such an offence.”
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.