'Preparation' in document 'Samoa- Crimes Act 2013'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART V
PARTIES TO THE COMMISSION OF OFFENCES

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.

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:
(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.