Botswana

Penal Code

PENAL CODE OF BOTSWANA

PART I - General Provisions

Parties to Offences (ss 21-24)

23. Counselling another to commit an offence

(1) When a person counsels another to commit an offence, and an offence is actually committed after such counsel by the person to whom it is given, it is immaterial whether the offence actually committed is the same as that counselled or a different one, or whether the offence is committed in the way counselled or in a different way, provided in either case that the facts constituting the offence actually committed are a probable consequence of carrying out the counsel.

(2) In either case the person who gave counsel is deemed to have counselled the other person to commit the offence actually committed by him.

Keywords

Individual criminal responsibility
Commission through another person
Inducing
Ordering
Soliciting



EDIT.