PART V
PARTIES TO THE COMMISSION OF OFFENCES

33. Parties to offences-

(1) A person is a party to and guilty of an offence who:

(a) actually commits the offence; or
(b) does or omits an act for the purpose of aiding any person to commit the offence; or
(c) abets any person in the commission of the offence; or
(d) incites, counsels, or procures any person to commit the offence.

(2) Where two (2) or more persons form a common intention to carry into effect any unlawful purpose and to assist each other in that object, each of them is a party to every offence committed by any one of them in carrying into effect that unlawful purpose if the commission of that offence was or ought to have been known to be a probable consequence of carrying into effect that common purpose.

(3) Nothing in this section prevents the charging of a person as a party to any offence under both subsection (1) and (2) or in the alternative.


34. Party to crime outside Samoa-

(1) A person who, in Samoa, aids, incites, counsels or procures the doing or omission outside Samoa of any act which, if done in Samoa would be a crime is liable to imprisonment for a term not exceeding that prescribed for the crime, or seven (7) years, whichever is the less.


(2) Despite subsection (1), where the crime alleged in relation to subsection (1) is murder, the term of imprisonment shall be life.

(3) A person charged under this section is not liable to be convicted in any case where it is proved that the act or omission to which the charge relates was not an offence in the place where it was, or was to be, done or omitted.


35. Party to offences other than that intended -

A person who incites, counsels or procures another to be party to an offence is a party to every offence which that other commits in carrying into effect that which was incited, counselled or procured and which the person charged as a party pursuant to this section knew or ought to have known to be a likely consequence of that incitement counselling or procuring.


36. Accessory before the fact-

(1) A person is an accessory before the fact who, without becoming a party to any offence, knowingly helps any person to commit an offence.

(2) A person is an accessory before the fact in terms of subsection (1) despite the fact that the offence was committed in a manner different from that understood by that person.

(3) A person who is an accessory before the fact commits an offence of accessory before the fact and is liable to imprisonment for a term not exceeding 10 years, if the maximum penalty for that offence is imprisonment for life, or in any other case is liable to not more than half the maximum punishment to which he or she would have been liable if he or she had committed that offence.


37. Accessory after the fact -

An accessory after the fact to an offence is a person who, knowing or believing any person to have been a party to an offence:

(a) harbours or otherwise assists that person; or
(b) tampers or otherwise interferes directly or indirectly with any evidence against him or her, for the purpose of enabling that person to avoid arrest or conviction or escape from arrest.


38. Conspiracy to commit an offence-

(1) A person who conspires with any person to commit any offence, or to do or omit, in any part of the world, anything of which the doing or omitting in Samoa would be an offence, commits the crime of conspiracy to commit that offence and is liable to imprisonment for a term not exceeding seven (7) years, if the maximum penalty for that offence exceeds seven (7) years, or in any other case is liable to the punishment as if he or she had committed that offence.

(2) The provisions of subsection (1) as to the penalty for conspiring to commit an offence do not apply where the punishment for the conspiracy is prescribed in any other enactment.

(3) Where under this section any one is charged with conspiring to do or omit anything anywhere outside Samoa, it is a defence to prove that the doing or omission of the act to which the conspiracy relates was not an offence under the law of the place where it was, or was to be, done or omitted.


39. Attempt to commit or procure commission of offence-

(1) A person who attempts to commit any offence in respect of which no punishment for the attempt is expressly prescribed by this Act or by some other enactment is liable to imprisonment for a term not exceeding 10 years if the maximum penalty for that offence is imprisonment for life, and in any other case is liable to not more than half the maximum penalty to which he or she would have been liable if he or she had committed that offence.

(2) Everyone who is accessory after the fact to any crime punishable by imprisonment, being a crime in respect of which no express provision is made by this Act or by some other enactment for the punishment of an accessory after the fact, is liable to imprisonment for a term not exceeding five (5) years if such maximum penalty is imprisonment for 10 years or more; and in any other case is liable to not more than half the maximum punishment to which he or she would have been liable if he or she had committed the crime.

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.