'Joint commission' in document 'Maldives - Penal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER 1
General Explanations

10. Several Persons Committing an act to cause Hurt or which is likely to cause Hurt

Where an offence is committed by more than one person with the intention to cause hurt to a person or where it is known that such act is likely to cause hurt to a person, each of them shall be guilty of that offence.

CHAPTER 1
General Explanations

11. Offence Constituting Several Acts by Several Persons

Where an offence is committed by several acts committed by several persons, each of them who committed that act or a part of it with the intention to commit that act shall be guilty of that offence. However where several persons are involved, in the commission of the act in different degrees, the Judge shall have the discretion to vary their punishment based upon the extent of their involvement.

CHAPTER 1
General Explanations

12. Abetment in an offence

“Abetment” in an offence occurs when there is :

a. Advising or instigating in any manner to commit an offence or referring directly or indirectly to any such act ;
b. Conspiring to commit an offence and committing an act for the purpose of taking part in the commission of an offence ;
c. Aiding in any manner in the commission of an offence.

13. Aiding in the Commission of an Offence

A person shall be guilty in respect of “aiding” in the commission of an offence where he takes part in the conspiracy to commit that offence or where having knowledge of the design to commit that offence facilitates or does an act that facilitates its commission.

14. Commission of an Offence in the presence of Person who Aids or Abets

Where an offence is committed in the presence of an offender mentioned in section 12 and section 13 and does not commit an act that constitutes that offence or does not commit an act that facilitates escape of the offender, he shall be guilty under section 12 and section 13. And where he commits an act that constitutes that offence or an act that facilitates escape of the offenders, he shall be deemed to have committed that offence himself.

RELEVANT ROME STATUTE PROVISIONS

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.