GENERAL PART
CHAPTER TWO
THE OFFENCE
THIRD TITLE
PRINCIPALS AND SECONDARY PARTICIPANTS
Section 25
Principals
(1) Any person who commits the offence himself or through another shall be liable as a principal.
(2) If more than one person commit the offence jointly, each shall be liable as a principal (joint principals).
Section 26
Abetting
Any person who intentionally induces another to intentionally commit an unlawful act (abettor) shall be liable to be sentenced as if he were a principal.
Section 27
Aiding
(1) Any person who intentionally assists another in the intentional commission of an unlawful act shall be convicted and sentenced as an aider.
(2) The sentence for the aider shall be based on the penalty for a principal. It shall be mitigated pursuant to section 49(1).
Section 28
Special personal characteristics
(1) If special personal characteristics (section 14(1)) that establish the principal’s liability are absent in the person of the secondary participant (abettor or aider) their sentence shall be mitigated pursuant to section 49(1).
(2) If the law provides that special personal characteristics aggravate, mitigate or exclude punishment this shall apply only to the accomplices (principals or secondary participants) in whose person they are present.
Section 29
Separate criminal liability of the accomplice
Each accomplice shall be liable according to the measure of his own guilt and irrespective of the guilt of the others.
Section 30
Conspiracy
(1) A person who attempts to induce another to commit a felony or abet another to commit a felony shall be liable according to the provisions governing attempted felonies. The sentence shall be mitigated pursuant to section 49 (1). Section 23 (3) shall apply mutatis mutandis.
(2) A person who declares his willingness or who accepts the offer of another or who agrees with another to commit or abet the commission of a felony shall be liable under the same terms.
Section 31
Withdrawal from conspiracy
(1) A person shall not be liable under section 30 if he voluntarily
1. gives up the attempt to induce another to commit a felony and averts any existing danger that the other may commit the offence ;
2. after having declared his willingness to commit a felony, gives up his plan; or 3. after having agreed to commit a felony or accepted the offer of another to commit a felony prevents the commission of the offence.
(2) If the offence is not completed regardless of his actions or if it is committed independently of his previous conduct, his voluntary and earnest effort to prevent the completion of the offence shall suffice for exemption from liability.
Individual criminal responsibility
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