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.
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.