Section 2 Crimes
Chapter 2 Elements of Crimes
Part 1 Material Element
2nd Topic - Initiation
Article 30
Felony Initiation (Attempt)
Initiator of felony shall be sentenced to the following punishments, unless otherwise stipulated in the law:
1. In cases where the punishment for the crime itself is death, continued imprisonment;
2. In cases where the punishment for the crime itself is continued imprisonment, long imprisonment;
3. In cases where the punishment for the crime itself is long imprisonment, medium imprisonment; or one half of the maximum punishment of the crime itself.
Section 2 Crimes
Chapter 2 Elements of Crimes
Part 1 Material Element
2nd Topic - Initiation
Article 31 Misdemeanour Initiation (Attempt)
Punishment for initiating misdemeanor shall not exceed one half of the maximum punishment prescribed for the crime itself in the law, unless the law has stipulated otherwise.
Section 3 Perpetrator
Chapter 1 Penal Responsibility and its Obstacles
Part 2 Obstacles to Penal Responsibility
First Topic - Sensual Indisposition
Subtopic 3 - Age
Article 76
Alternatives for Punishment of Minors Who Commit Felonies
(1) If the minor commits a felony, whose punishment is death or continued imprisonment, the court can order his quarantine in the Correction House or charity organizations or corrective schools, provided its duration is not more than 5 years.
(2) If the anticipated punishment for the felony is long imprisonment, the period of quarantine cannot be less than 1 year and more than 4 years.
Section 3 Perpetrator
Chapter 1 Penal Responsibility and its Obstacles
Part 2 Obstacles to Penal Responsibility
First Topic - Sensual Indisposition
Subtopic 3 - Age
Article 86
Consideration of Age at Issuance of Verdict and Effect on Punishment of Teenagers
2– If the crime which the said teenager has committed is a felony or misdemeanor for which the anticipated punishment in the law is long or medium imprisonment, the court can instead of quarantine in the Correction House sentence him to medium imprisonment for misdemeanor.
Book 2 Felonies, Misdemeanours, Petty Offences, and Their Punishments
Section 1 Felonies and Misdemeanours Against Public Interest
Chapter 2 Crimes Against Internal Security of State
Article 234
(1) A person who instigates or encourages one or more persons by direct statement, act, or allusion or by means of writing, painting, picture, song or other open display or audio-visual means, to commit a felony or misdemeanor shall be considered an accomplice and shall be sentenced to the same anticipated punishment for the crime which is the subject of instigation
or encouragement; provided, however, that the said felony or misdemeanor has actually been committed as a result of his instigation or encouragement.
(2) If the instigation or encouragement mentioned in the above paragraph should cause initiation of the crime only, the instigator or encourage shall be sentenced to the punishment of initiating the crime.
1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:
(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or
(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.
2. In addition to imprisonment, the Court may order:
(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;
(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.