First Book
General Provisions
Section Two
CRIMES
CHAPTER THREE
Association in Crime
Part One
Principal offender and Accomplice
Article 38 :
A person is regarded the principal offender in the following instances :
1. When he alone or with the association of someone else commits a crime ;
2. When he intervens in the commission of a criminal act in such a way as to intontionally commit one of the acts comprising the crime.
Article 39
A person is regarded an accomplice in the following instances :
1. When he instigates a person to commit one of the acts comprising the crime and the crime takes place as a result of this instigation.
2. When he enters in to an agreement with another person to commit a crime and the crime takes place as a result of this agreement.
3. When he knowingly assists tho principal offender in any way with respect to equipment, faciltties or supplementary works for committing the crime and the crime takes place as a result of this assistance.
Article 40
The principal offender shall be sentenced to the fixed punishment of the crime committed.
Article 41
(1) The accomplice shall be sentenced to the punishment of the crime in which be has taken part, unless the law has stipulated otherwise.
(2) In cases where the principal offender is not punished for any legal reason, this exemption does not obstruct the punishment of the accomplice.
Article 42
If the crime that has actually taken place is othor than the crime intended by the principal offenders and accomplices, they shall be sentenced to the punishment for the crime which has actually taken place, provided that the said crime has been predictable and it has been the result of their intervention.
Article 43
If during the commitment of criminal action such material circumstances appear that result in a change in the description of orime or punishment, its effects shall be applied to all principal offenders and accomplices, provided that the said instances should be the result of the intervention of all of them.
Article 44 :
(1) If special circumstance should come into presence with respect to one of the principal offenders such as to result in a change in the description of the crime in his Gado, its results shall not affect the other principal offenders.
(2) The affects of these special circumstances affect the accomplice when he is cognizant of it.
Article 45:
If special circumstances should come into presence to cause a change in the punishment of one of the principal offenders, its effects shall not affect other principal offenders and accomplices.
Article 46 :
If a change is brought in the description of crime in view of the intention or awareness the principal offender, other offenders and accomplices shall be punished in accordance with their intention and awareness.
Article 47 :
In cases where the law considers plurality of offenders a condition of severity of crime, the existence of an accomplice at the time of commitment of crime shall be considered plurality.
Article 48 :
(1) If several offenders and accomplices should be sentenced to a single verdict of cash penalty for committing single crime, this verdict shall be applied to each of them individually.
(2) In cases where the sentence to cash equivalent of the good which has been obtained through crime or was expected to be obtained is in question, the sentence shall be applied jointly to all the convicts who have been sentenced to a single sentence of the mentioned cash penalty, unless the law has stipulated otherwise.
Part Two
Alliance in Crime
Article 49 :
Alliance in crime is the joining of two or more persons in committing a specific or an unepecific felony or misdemeanor, or joining in equipment, facilities or supplementary works of the said crimes, provided that the alliance is regular and continuous, even if it has taken place at the formation stage of crime or for a short time.
Article 50
(1) In case of alliance in felony, every individual shall be sentenced to a long imprisonment not exceeding seven years, even if the felony for which the alliance was made has not been initiated.
(2) In case of alliance in misdemeanor, every individual shall be sentenced to a prison term of-not more than two years, or to cash fine of not mere than twenty four thousand Afghanis.
Article 51 :
If the purpose of alliance is to commit a crime whose punishment is anticipated in the law loss than the punishment of article 50 of this Law, in this case the accused persons shall bo sentenced to one quarter of the maximum punishment fixed for the crime for which the alliance is made.
Article 52
(1) The punishment contained in article 50 and 51 of this Law shall not be applied to persons who inform the concerned authorities of association in crime, provided that the information is communicated before the felony or misdemeanor is committed and before the said authorities begin inspection and investigation.
(2) Tho informer, after the start of inspection and investigation shall bo exempted from punishment on the condition that his information should result in the arrest of those accused persons who aro not known to the said authorities.
Individual criminal responsibility
Joint commission
EDIT.