CHAPTER ONE
General Provisions

PART IV
PARTICIPATION AND INCHOATE OFFENCES

Conspiracy

Conspiracy to commit crime
73. If two or more persons agree or act together with common purpose of committing a crime, whether with or without any previous deliberation, each of them commits the offence of conspiracy to commit that crime, and it is immaterial if the crime was not actually committed due to the existence of circumstances which rendered the commission of the crime impossible.


Conspiracy to aid and abet a crime
74.— (1) If two or more persons agree or act together with a common purpose of aiding and abetting a crime, whether with or without any previous deliberation, each of them commits the offence of conspiracy to aid and abet that crime, and it is immaterial if the crime was not actually committed due to the existence of circumstances which rendered the commission of the crime impossible.

(2) Where a person aids and abets the commission of a crime by another person and that other person in any manner assents to the abetment, each of them commits the offence of conspiracy to commit such crime even though it is not part of their purpose that the person aiding and abetting the other should take any part in or towards the preparation for, or the commission of, such crime.


Person within jurisdiction agreeing with person outside jurisdiction to commit or abet crime
75.— (1) A person within the jurisdiction of the Courts commits the offence of conspiracy by agreeing with another person outside the jurisdiction of the Court for the commission or for aiding and abetting of any crime to be committed by them or either of them, or by any other person, either within or outside the jurisdiction of the Courts.

(2) For the purposes of this section in respect of a crime committed outside the jurisdiction of the Courts, “crime” means any act which, if done within the jurisdiction of the Courts, would be a crime under this Code or under any other enactment.


Punishment of conspiracy
76. (1) If two or more persons commit conspiracy for the commission or for aiding and abetting of any crime, each of them shall —
(a) where the crime is committed, be punished in accordance with the provisions of this Code in relation to such crime; or
(b) where the crime is not committed, be punished in accordance with the provisions of this Code as if he or she had aided and abetted such crime.

(2) Where a party to the agreement commits any act beyond or acts on his or her own beyond what has been agreed by the parties, the other parties are not liable for the consequences of that unauthorized act.

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:
(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