Yemen

Republican Decree for Law No 12 for the Year 1994 Concerning Crimes and Penalties

Book ONE
General Provisions on Crimes and Punishments

Part One
Crimes

Chapter Two
Crimes

Section Four

Participation in A Crime

The Perpetrators

Article (21):
Anyone who, by his conduct, leads to the realization of the elements of a crime, including anyone in flight found at the scene of the crime at the time of its occurrence is regarded as a perpetrator; anyone who carries out a crime as an irresponsible executioner is regarded as an intermediary perpetrator-this being applicable even if the intermediary perpetrator is lacking any of the characteristics called for by law for the perpetrator; and those who together carry out acts of a crime by common intent or negligence are regarded as perpetrators.


Provocateurs
Article (22):
Anyone who tempts the perpetrator to carry out a crime is regarded to be a provocateur, who is subject to punishment if the perpetrator has attempted to carry out the crime; however, in certain crimes, provocation of a crime can be punishable, even if there is no consequence thereof.


Accomplices
Article (23):
An accomplice is whoever provides collateral assistance with the intent of committing a crime and such assistance may be prior to the execution of the crime, concurrently therewith, or subsequently thereto, whenever as such agreed to prior to the implementation of the crime accordingly. However, subsequent assistance, which is not agreed to prior to the perpetration of the crime, shall be punished as a special crime.


Punishment for Participation in a Crime
Article (24):
For crimes of slandering, anyone who participates in the crime as a perpetrator, provocateur, or accomplice shall be punished by the punishment ordained thereto, unless otherwise stipulated by Law; however, if the intent of a participant differs from the intent of the other participants, each participant shall be punished according to such intent.


Circumstances
Article (25):
All contributors of In-Kind mitigating circumstances realized shall benefit from such circumstances, even though they are not aware of them; only those who are aware of inured circumstances are liable as such and personal conditions or circumstances shall have an impact only on those they apply to, whether they were conflicting, mitigating or intensifying to the legal responsibility involved or preventive to meting out a punishment thereof.

Keywords

Individual criminal responsibility
Criminal responsibility of legal persons



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