GENERAL PART
3. PUNISHMENTS
3.2. To mete out punishment
Crime in continuation
Article 45
(1) The offender who performs with intent two or more crimes, connected in time, which represent a multiple realization of the same crime, using the same permanent relation, same occasions or other similar circumstances, shall be sentenced by the court to a single punishment within the limits of the punishment prescribed for that crime.
(2) The offender who under the conditions from item 1 performs two or more crimes, connected in time, which represents the realization of generic crimes, shall be sentenced by the court to a punishment within the limits of the punishment prescribed for the most severe crime.
(3) If the perpetrator by performing the activities stipulated in paragraphs 1 and 2 achieves a total consequence pertaining to a more severe crime, the perpetrator shall be sentenced with a sentence prescribed for the more severe crime.
(4) The provisions stipulated in paragraph 1 and 2 shall not apply to activities performed after the filing of the charges.
''GENERAL PART, 3. PUNISHMENTS, Crime in continuation Article 45''
(1) The perpetrator who intentionally commits two or more crimes, connected in
time, which represent a multiple realization of the same crime, using the same
permanent relation, same occasions or other similar circumstances, shall be
sentenced by the court to a single punishment within the limits
of the punishment prescribed for that crime.
(2) The perpetrator who under the conditions from paragraph 1 commits two
or more crimes, connected in time, which represents the realization of generic
crimes, shall be sentenced by the court
to a punishment within the limits of the punishment prescribed for the most severe
crime.
(3) Should the perpetrator’s conduct as provided in paragraph 1 and 2 above, result
in a total consequence corresponding to a consequence of a more serious crime,
the perpetrator shall be punished with the punishment prescribed for the latter.”
(4) Provisions of paragraph 1 and 2 shall not apply to crimes committed after an
indictment was raised.
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.