CHAPTER ONE
General Provisions

PART III
LIABILITY AND MENS REA

Causing an Event

Causing event by involuntary agent
52.— (1) Where a person intentionally, recklessly or negligently causes any involuntary agent to cause an event, that person shall be deemed to have caused the event.

(2) Where a person outside the jurisdiction of the Courts causes an involuntary agent to cause an event within the jurisdiction of the Courts, he or she shall be deemed to have caused the event within the jurisdiction of the Courts.

(3) “Involuntary agent”, means any animal or other thing, or the person who is exempted from liability to punishment for causing the event, by reason of infancy, or mental disorder, or otherwise under the provisions of this Part of this Chapter.


Several persons causing event
53.— (1) Where an event is caused by acts of several persons acting either jointly or independently, each of those persons who has intentionally, recklessly or negligently contributed to cause the event shall, subject to the provisions of Part IV of this Chapter, be deemed to have caused the event.

(2) Any excuse or justification applicable in respect of any one of those persons shall be applicable to any person regardless of whether such excuse or justification is applicable in respect of any of the other persons.

CHAPTER ONE
General Provisions

PART IV
PARTICIPATION AND INCHOATE OFFENCES

Participation

Aiding and abetting a crime
62. Any person who —
(a) directly or indirectly instigates, commands, counsels, procures or solicits;
(b) in any manner intentionally aids, facilitates, encourages or promotes; or
(c) does any act for the purpose of aiding, facilitating, encouraging or promoting;
the commission of a crime by any other person commits the offence of aiding and abetting that crime and of aiding and abetting the other person in respect of that crime and shall be deemed an accomplice.


Aiding and abetting crime within, from outside jurisdiction
63. Any person who, within the jurisdiction of the Courts, aids and abets the doing outside the Courts’ jurisdiction of an act which, if done within the Courts’ jurisdiction would be a crime, is liable as an accomplice.


Aiding and abetting crime committed
64. An accomplice who aids and abets a crime commits the crime, if the crime is actually committed as aided and abetted by him or her.


Punishment where crime aided and abetted is not committed
65. An accomplice who aids and abets a crime where the crime is not actually committed, due to accident, or circumstances or events independent of his or her will shall —
(a) if the crime he or she aided and abetted was murder, be liable to imprisonment for life; or
(b) if the crime he or she aided and abetted was a crime other than murder, be punishable in the same manner as if the crime had been actually committed in pursuance of the abetment.


Punishment where different crime is committed
66. Where an accomplice —
(a) aids and abets a particular crime; or
(b) aids and abets a crime against or in respect of a particular person or thing; and
the person aided and abetted actually commits a different crime or commits the crime against or in respect of a different person or thing in a manner different from that which was aided and abetted by him or her, the accomplice shall —
(i) if it appears that the crime actually committed was not a probable consequence of the endeavours to commit or was not substantially the same as the crime which he or she intended to aid and abet, be punishable for the crime which he or she intended to aid and abet in the manner provided in this Part for a crime which is not actually committed; or
(ii) in any other case, he or she shall be deemed to have aided and abetted the crime which was actually committed, and shall be liable to be punished in accordance with the provisions of this Part.


Aiding and abetting riot, etc.
67. If a person aids and abets a riot or unlawful assembly, with the knowledge that unlawful violence is intended or is likely to be used, he or she commits the offence of aiding and abetting violence of any kind or degree which is committed by any other person in executing the purposes of the riot or assembly, although he or she did not expressly intend to aid and abet violence of that kind or degree.


Trial of accomplices
68. An accomplice who aids and abets a crime may be tried either separately or with the person aided and abetted, notwithstanding that the person is dead or is otherwise not amenable to justice.


Trial of more than one accomplice
69. An accomplice who aids and abets a crime may be tried either separately or with any other accomplice, whether or not he or she and such other accomplice aided and abetted each other in respect of the crime, and whether they together aided and abetted the same or different parts of the crime.


Exemption, etc. available for any accomplice irrespective of others
70. The provisions of this Code with respect to exemption, justification, or extenuation in relation to an act shall be applicable in respect of the person who aids and abets the crime notwithstanding that such provisions are not applicable in the case of the person aided and abetted or any other accomplice.


Punishment for aiding and abetting
71. A person who aids and abets a crime shall be punishable on indictment or on summary conviction, according as he or she would be punishable for committing that crime.


Punishment for non-prevention of crime
72. A person who knowing that another person intends to commit or is committing a crime, fails to use all reasonable means to prevent the commission of the crime, commits a summary offence.


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.


Attempts

Attempt to commit crime
77.— (1) If, with intent to commit an offence a person does an act which is more than merely preparatory to the commission of the offence, he or she commits the offence of attempting to commit the offence.

(2) A person may be guilty of attempting to commit an offence even though the facts are such that the commission of the offence is impossible.

(3) Where but for this subsection a person’s intention would not otherwise be regarded as having amounted to an intent to commit an offence, if however the facts of the case had been as he or she believed them to be, his or her intention would be so regarded then for the purposes of subsection (1), he or she shall be regarded as having had an intent to commit that offence.


Punishment for attempt to commit crime
78.— (1) Where a person is convicted of attempting to commit an offence he or she is liable to the punishment to which he or she would have been liable if the offence had been committed.

(2) Where an act amounts to an offence under any provisions of this Code and at the same time constitutes an attempt to commit some other offence a person who commits an attempt to commit that offence is liable to be punished under that provision or under this section.


Application of exemption, justification etc., provisions to attempt
79. Any provisions of this Code with respect to exemption, justification or extenuation in relation to an act shall apply with necessary modifications to an attempt to commit an act.


Preparation for commission of crime
80. Any person who —
(a) prepares or supplies;
(b) has in his or her possession, custody or control; or
(c) has in the possession, custody or control of another person on his or her behalf;
any equipment, instrument, materials or any other device with the intention that such equipment, instrument, materials or device may be used by him or her or any other person in committing —
(i) any offence which is likely to endanger life;
(ii) any forgery or crime relating to money; or
(iii) any indictable offence punishable by imprisonment for ten years;
is liable to punishment in like manner as if he or she had attempted to commit that offence, and any such equipment, instrument, materials or any other device shall be forfeited and applied in such manner as the Court may direct.

CHAPTER TWO
Offences

PART I
OFFENCES AGAINST THE PERSON

Sub-Part A – Homicide

Murder and Manslaughter

Capitalmurder
86.(2) Where in the case of any murder referred to in subsection (1), (other than a murder referred to in paragraph (e)), two or more persons commit that murder, it shall be capital murder in the case of any of them who by his or her own act caused the death of, or inflicted or attempted to inflict grievous bodily harm on, the person murdered, or who himself or herself used violence on that person in the course or furtherance of an attack on that person; but the murder shall not be capital murder in the case of any other of the persons committing it.

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.