Continuous criminal offences

Slovenia

Criminal Code of the Republic of Slovenia

GENERAL PART

Chapter Four
SENTENCES

2. Sentencing

Continued Criminal Offence

Article 54

(1) Any person who commits or attempts to commit simultaneously or successively two or more equal, or of the same type, criminal offences against property out of greed or to cause damage, which with regard to the place, method and other equal circumstances represent a uniform activity, shall commit a continued criminal offence.

(2) The provisions on concurrence under the preceding Article of this Penal Code shall not be applied for the continued criminal offence, but a combined sentence within the limits of the sentence, prescribed for the gravest criminal offence, shall be imposed for all criminal offences together, whereby in addition to the principal sentence of imprisonment a mandatory accessory sentence in the form of a fine shall be imposed as well.

(3) The perpetrator, who gains major property benefits or causes major or great loss of property under paragraph 1 of this Article, because of which a severer sentence is prescribed for the criminal offence, shall be imposed this severer sentence under paragraph 2 of this Article, if he wanted to gain such property benefits or cause such damage with simultaneously or successively committed criminal offences.

GENERAL PART

Chapter Four

SENTENCES

2. Sentencing

Continued Criminal Offence
Article 54

(1) Any person who commits or attempts to commit simultaneously or successively two or more equal, or of the same type, criminal offences against property out of greed or to cause damage, which with regard to the place, method and other equal circumstances represent a uniform activity, shall commit a continued criminal offence.

(2) The provisions on concurrence under the preceding Article of this Penal Code shall not be applied for the continued criminal offence, but a combined sentence within the limits of the sentence, prescribed for the gravest criminal offence, shall be imposed for all criminal offences together, whereby in addition to the principal sentence of imprisonment a mandatory accessory sentence in the form of a fine shall be imposed as well.

(3) The perpetrator, who gains major property benefits or causes major or great loss of property under paragraph 1 of this Article, because of which a severer sentence is prescribed for the criminal offence, shall be imposed this severer sentence under paragraph 2 of this Article, if he wanted to gain such property benefits or cause such damage with simultaneously or successively committed criminal offences.

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.