Continuous criminal offences

Saint Lucia

Criminal Code

CHAPTER FOUR
Punishment, Pardon, Remission, Rewards and Miscellaneous Matters

PART I
General Provisions

SUB-PART A – PUNISHMENT IN GENERAL

Several acts respecting one person or thing, each of which is a crime
1092.— (1) Where a person does several acts against or in respect of another person or thing, each of which is a crime under this Code or any other enactment, but all of which acts are done in execution of the same design, and, in the opinion of the Court before which the person is tried, from one or continuous transaction, the person may be punished for all of such acts as one crime, or for any one of such several acts as one crime, and all the acts may be taken into consideration in determining punishment, but he or she shall not be liable to separate punishments with respect to the several crimes;

(2) If a person by one act assaults, harms, or kills several persons or in any manner causes injury to several persons or things, he or she shall be punished in respect of one of the persons so assaulted, harmed, or killed or of the persons to whom or things to which injury is so caused, but in determining punishment the Court may take into consideration all the intended or probable consequences of the crime.

Rome Statute

Article 25 Individual criminal responsibility

1. The Court shall have jurisdiction over natural persons pursuant to this Statute.

2. A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.

3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:

(a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;

(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;

(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;

(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:

(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or

(ii) Be made in the knowledge of the intention of the group to commit the crime;

(e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;

(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.

3 bis. In respect of the crime of aggression, the provisions of this article shall apply only to persons in a position effectively to exercise control over or to direct the political or military action of a State.

4. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law.