CHAPTER 1
General Explanations

12. Abetment in an offence

“Abetment” in an offence occurs when there is :

c. Aiding in any manner in the commission of an offence.

CHAPTER 1
General Explanations

13. Aiding in the Commission of an Offence

A person shall be guilty in respect of “aiding” in the commission of an offence where he takes part in the conspiracy to commit that offence or where having knowledge of the design to commit that offence facilitates or does an act that facilitates its commission.

CHAPTER 1
General Explanations

26. Whoever abets the commission of an offence punishable with death, imprisonment for life or exile for life under this Law shall be punished with imprisonment or exile between 5 years and 12 years or shall be subject to a fine between Mrf. 3,000.00 and Mrf. 10,000.00. Where the act of abetment results in grievous hurt being caused to to a person, his term of punishment can be extended up to a period of 18 years or the fine may be increased up to an amount of Mrf. 15,000.00.

27. Whoever conspires to commit an offence punishable with death, imprisonment for life, exile for life or rigorous imprisonment not exceeding a period of 4 years under this Law but has not committed any act in pursuance of that conspiracy shall be found guilty only in respect of its abetment.

CHAPTER 30. IMPUTATION OF OFFENSE ELEMENTS
Section 30 – Accountability for the Conduct of Another

(a) A person is legally accountable for conduct of another person if:

(1) acting with the culpability required for the commission of the

offense, he causes an innocent or irresponsible person to engage in such

conduct; or

(2) he is made accountable for the conduct of such other person

by the Code or the law defining the offense; or

(3) he is an accomplice of such other person in the commission of

the offense.

(b) Accomplice Liability. A person is an accomplice of another person

in the commission of an offense if, acting with the culpability required for the

commission of the offense:

(1) he knowingly aids such other person, with the purpose of

promoting or facilitating commission of the offense; or

(2) his conduct is expressly declared by law to establish his

complicity.

(c) Exceptions to Accomplice Liability. Unless otherwise provided by

the Code or by the law defining the offense, a person is not an accomplice in an

offense committed by another person if:

(1) he is a victim of that offense; or

(2) the offense is so defined that his conduct is inevitably incident

to its commission; or

(3) he terminates his complicity prior to the commission of the

offense and:

(A) wholly deprives it of effectiveness in the commission

of the offense, or

(B) gives timely warning to the law enforcement

authorities or otherwise makes proper effort to prevent the

commission of the offense.

(d) Grading of Accomplice Liability. If the accomplice’s role in the

commission of the offense is that of:

(1) an organizer or leader, the grade of his liability is the grade of

the offense aided;

(2) a participant, the grade of his liability is one grade lower than

that of the offense aided;

(3) a minor participant, the grade of his liability is two grades

lower than that of the offense aided.

(4) Definitions. For the purposes of this Section:(A) an “organizer” or “leader” means an accomplice who

exercises supervisory or managerial responsibility for or control

over other accomplices.

(B) a “minor participant” means an accomplice who

provides minimal assistance or assistance that is either incidental

to or not necessary for the success of the offense.

(C) a “participant” means an accomplice whose role in the

commission of the offense is less than that of an organizer or

leader but more than that of a minor participant.

(e) Complicity in Uncommitted Offense. A person who would have

been accountable for the offense conduct of another person under Subsection

(a) if the other person had committed the offense is guilty of an attempt to

commit the offense.

(f) Attempted Complicity. A person who attempts to aid another person

in the commission of an offense under Subsection (b) is liable at one grade

level lower than he would have been had his attempt succeeded, whether or not

the offense is attempted or committed by the other person.

(g) Accountability Despite Legal Incapacity. A person who is legally

incapable of committing a particular offense himself may be guilty thereof if it

is committed by the conduct of another person for which he is legally

accountable, unless such liability is inconsistent with the purpose of the

provision establishing his incapacity.

(h) Unconvictable Perpetrator. An accomplice may be convicted on

proof of the commission of the offense, and of his complicity therein, though

the person claimed to have committed the offense:

(1) has not been prosecuted or convicted, or

(2) has been convicted of a different offense or degree of offense,

or

(3) has an immunity to prosecution or conviction, or

(4) has been acquitted.