PART ONE GENERAL
CHAPTER II CRIMINAL LIABILITY
Division 4 Offender, Accomplice and Accessory to a Criminal Offence
Section 22 Offender
(1) An offender of a criminal offence is anyone who fulfilled the characteristics of the merits of a criminal offence or attempt or preparation thereof, if they are criminal.
(2) An offender of a criminal offence is also anyone who uses for its commission another person, who is not criminally liable due to lack of age, insanity, error or because he/she acted within the scope of necessary defence, extreme necessity, or other circumstances precluding criminal liability, or who did not act by him-/herself or did not act culpably. An offender of a criminal offence is also anyone who uses for commission of a criminal offence such a person, who did not act with a special intention or out of a motive stipulated by the law; in such cases is the criminal liability of such a person for another offence committed by this conduct not precluded.
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 VIII EXPLANATORY PROVISIONS
Section 113 Concept of an Offender
As an offender shall also be understood an accomplice and participator, unless individual provisions of the Criminal Code provide otherwise.
PART ONE
GENERAL PART
CHAPTER II
CRIMINAL LIABILITY
Division 4
Offender, Accomplice and Accessory to a Criminal Offence
Section 22 Offender
(1) An offender of a criminal offence is anyone who fulfilled the characteristics of the merits of a criminal offence or attempt or preparation thereof, if they are criminal.
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.