'Incitement - other crimes' in document 'Samoa- Crimes Act 2013'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART V
PARTIES TO THE COMMISSION OF OFFENCES

33. Parties to offences-

(1) (d) incites, counsels, or procures any person to commit the offence.

PART V
PARTIES TO THE COMMISSION OF OFFENCES

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.

PART VI
CRIMES AGAINST PUBLIC ORDER

40. Treason -

Every citizen of Samoa is guilty of treason, and shall upon conviction be imprisoned for life, who:

(a) kills, wounds, imprisons, or causes grievous bodily harm to the Head of State; or
(b) levies war or conspires to levy war against State of Samoa; or
(c) uses force for the purpose of overthrowing the Government of Samoa; or
(d) assists by any means whatever any public enemy at war with the State of Samoa.


41. Inciting to hostility -

A person is liable to imprisonment for a term not exceeding two (2) years who with the intention of undermining the authority of the Government of Samoa, or to incite violence or hostility against the Government of Samoa, or between different classes of inhabitants of Samoa, or to change any matter affecting the laws, government, or Constitution of or any religious observance of Samoa:

(a) uses or speaks any words; or
(b) publishes anything,

in circumstances where there is a present risk of lawlessness, violence or disorder in Samoa.