Abetting

Czech Republic

Czech republic - Criminal Code 2010 (2011) EN

PART ONE GENERAL
CHAPTER II CRIMINAL LIABILITY
Division 4 Offender, Accomplice and Accessory to a Criminal Offence

Section 24 Participant
(1) A participant in a completed offence, or an attempt to commit an offence, is anyone who intentionally
a) plotted or directed commission of a criminal offence (an organiser);
b) instigated another person to commit the criminal offence in (instigator) ,), or
c) enabled or facilitated commission of a criminal offence by another person, in
particular by providing the means, removing of barriers, eliciting the aggrieved person to the crime scene, keeping watch during commission of an act, providing advice, encouraging the resolve or promising to participate in a criminal offence (accessory).
(2) Criminal liability and criminality of an act of a participant shall be governed by provisions on criminal liability of an offender and criminality of an act, unless this Code stipulates otherwise.
(3) Criminal liability of the participant shall expire, if he/she voluntarily abandons any further participation in commission of a crime and
a) eliminates the threat to an interest protected by this Code arising from his/her participation in the offence; or
b) reports his/her attempt at a time when the threat to an interest protected by this Code arising from his/her participation in the offence could still be eliminated. The report must be made to a public prosecutor or police authority. A soldier may report it to his/her superior officer.
(4) If there are several persons involved in an act, expiration criminal liability for the participation is not precluded in case of an participant who acted in such manner, if the act is completed by the other offenders despite his/her timely reporting or earlier participation in such an act.
(5) The provisions of Sub-section (3) and (4) shall have no effect on the criminal liability of an offender for any other completed criminal offence which they have committed by their conduct referred to in Sub-section (1).

PART ONE GENERAL
CHAPTER V CRIMINAL PENALTIES
Division 2 Punishments
Sub-Division 1 General Principles Applying to Imposition of Punishments

Section 39 Determination of the Type and Extent of Punishment
(6) When determining the type of punishment and its extent, the court shall take into consideration
a) in the case of accomplices, the degree to which the activity of each accomplice contributed to the commission of the offence,
b) in the case of an organizer, instigator or assistant , the significance and nature of their participation in the commission of the offence,
c) in the case of preparation of an especially serious felony or an attempted offence, how close the offender’s activity came to completing the offence, as well as the circumstances and grounds on which the crime was not completed.

PART ONE GENERAL
CHAPTER VIII EXPLANATORY PROVISIONS

Section 111 Concept of a Criminal Act
As a criminal act shall be understood solely an act punishable per curiam, and unless individual provisions of the Criminal Code imply otherwise, also a preparation of a criminal act, an attempt of a criminal act , organising , , instructing and assisting therein.

Czech republic - Criminal Procedure Code 1961 (2012) EN

PART ONE
GENERAL PART

CHAPTER II
CRIMINAL LIABILITY

Division 4
Offender, Accomplice and Accessory to a Criminal Offence

Section 24 Participant
(1) A participant in a completed offence, or an attempt to commit an offence, is anyone who intentionally
b) instigated another person to commit the criminal offence in (instigator), or
c) enabled or facilitated commission of a criminal offence by another person, in
particular by providing the means, removing of barriers, eliciting the aggrieved person to the crime scene, keeping watch during commission of an act, providing advice, encouraging the resolve or promising to participate in a criminal offence (accessory).

Rome Statute

Article 25 Individual criminal responsibility

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:

(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;