GENERAL PART
Chapter Three
GENERAL PROVISIONS ON CRIMINAL OFFENCE
4. Participation in Criminal Offence
Criminal Solicitation
Article 37
(1) Any person who intentionally solicits another person to commit a criminal offence shall be punished as if he himself had committed it.
(2) Any person who intentionally solicits another person to commit a criminal offence, for which the sentence of three years' imprisonment or a heavier sentence may be imposed under the statute, shall be punished for the criminal attempt even if the committing of such an offence had never been attempted.
Criminal Support
Article 38
(1) Any person who intentionally supports another person in the committing of a criminal offence shall be punished as if he himself had committed it, or his sentence shall be reduced, as the case may be.
(2) Support in the committing of a criminal offence shall be deemed to be constituted, in the main, by the following : counselling or instructing the perpetrator, on how to carry out the criminal offence ; providing the perpetrator with instruments of criminal offence or removing the obstacles for the committing of criminal offence ; a priori promises to conceal the perpetrator’s criminal offence or any traces thereof ; instruments of the criminal offence or objects gained through the committing of criminal offence.
Punishability of Those Soliciting or Supporting a Criminal Attempt
Article 39
If the perpetration of a criminal offence falls short of the intended consequence, those soliciting (hereinafter, the instigator) or supporting (hereinafter, the aide) the criminal attempt shall be punished according to the prescriptions that apply to the criminal attempt.
Limits of Punishability of Accomplices
Article 40
(1) The perpetrator, the instigator and the aide shall be punished for criminal offences within the limits of their intent.
(2) If the instigator or the aide voluntarily prevented the intended criminal offence from being accomplished, his sentence may be withdrawn.
(3) Personal relations, attributes and circumstances, on the basis of which the guilt or punishability are excluded by law or sentence remitted, reduced or extended, shall be taken into consideration only with respect to the accomplice (hereinafter, the accomplice), by whom such relations, attributes and circumstances were determined.
Liability of Members and Leaders of Criminal Organisation
Article 41
(1) A severer sentence may be prescribed for an intentional criminal offence with a prescribed sentence of more than three years of imprisonment if the criminal offence was committed within a criminal organisation.
(2) A member (hereinafter: the member) of a criminal organisation with at least three persons shall be punished with a severer sentence under paragraph 1 of this Article if he commits the criminal offence to implement the criminal organisation’s plan in association with at least one member as an accessory or accomplice.
(3) In the case referred to in paragraph 2 of this Article, the leader of the criminal organisation, who led the implementation of the criminal plan or had at his disposal illegally gained property benefits at the time of committing the criminal offence based on the criminal plan, notwithstanding whether he participated at its implementation directly as the perpetrator or accessory pursuant to Articles 20 or 37 and 38 of this Penal Code, shall be punished the same as the perpetrator.
Individual criminal responsibility
Joint commission
EDIT.