GENERAL PART
CHAPTER TWO
THE OFFENCE
FIRST TITLE
FOUNDATIONS OF CRIMINAL LIABILITY
Section 13
Omissions
(1) Whosoever fails to avert a result which is an element of a criminal provision shall only be liable under this law if he is responsible under law to ensure that the result does not occur, and if the omission is equivalent to the realisation of the statutory elements of the offence through a positive act.
(2) The sentence may be mitigated pursuant to section 49(1).
GENERAL PART
CHAPTER TWO
THE OFFENCE
SECOND TITLE
ATTEMPT
Section 22
Definition
A person attempts to commit an offence if he takes steps which will immediately lead to the completion of the offence as envisaged by him.
Section 23
Liability for attempt
(1) Any attempt to commit a felony entails criminal liability; this applies to attempted misdemeanours only if expressly so provided by law.
(2) An attempt may be punished more leniently than the completed offence (section 49(1)). (3) If the offender due to gross ignorance fails to realise that the attempt could under no circumstances have led to the completion of the offence due to the nature of its object or the means by which it was to be committed, the court may order a discharge, or mitigate the sentence as it sees fit (section 49(2)).
Section 24
Withdrawal
(1) A person who of his own volition gives up the further execution of the offence or prevents its completion shall not be liable for the attempt. If the offence is not completed regardless of his actions, that person shall not be liable if he has made a voluntary and earnest effort to prevent the completion of the offence.
(2) If more than one person participate in the offence, the person who voluntarily prevents its completion shall not be liable for the attempt. His voluntary and earnest effort to prevent the completion of the offence shall suffice for exemption from liability, if the offence is not completed regardless of his actions or is committed independently of his earlier contribution to the offence.
GENERAL PART
CHAPTER TWO
THE OFFENCE
THIRD TITLE
PRINCIPALS AND SECONDARY PARTICIPANTS
Section 25
Principals
(1) Any person who commits the offence himself or through another shall be liable as a principal.
(2) If more than one person commit the offence jointly, each shall be liable as a principal (joint principals).
Section 26
Abetting
Any person who intentionally induces another to intentionally commit an unlawful act (abettor) shall be liable to be sentenced as if he were a principal.
Section 27
Aiding
(1) Any person who intentionally assists another in the intentional commission of an unlawful act shall be convicted and sentenced as an aider.
(2) The sentence for the aider shall be based on the penalty for a principal. It shall be mitigated pursuant to section 49(1).
Section 28
Special personal characteristics
(1) If special personal characteristics (section 14(1)) that establish the principal’s liability are absent in the person of the secondary participant (abettor or aider) their sentence shall be mitigated pursuant to section 49(1).
(2) If the law provides that special personal characteristics aggravate, mitigate or exclude punishment this shall apply only to the accomplices (principals or secondary participants) in whose person they are present.
Section 29
Separate criminal liability of the accomplice
Each accomplice shall be liable according to the measure of his own guilt and irrespective of the guilt of the others.
Section 30
Conspiracy
(1) A person who attempts to induce another to commit a felony or abet another to commit a felony shall be liable according to the provisions governing attempted felonies. The sentence shall be mitigated pursuant to section 49 (1). Section 23 (3) shall apply mutatis mutandis.
(2) A person who declares his willingness or who accepts the offer of another or who agrees with another to commit or abet the commission of a felony shall be liable under the same terms.
Section 31
Withdrawal from conspiracy
(1) A person shall not be liable under section 30 if he voluntarily
1. gives up the attempt to induce another to commit a felony and averts any existing danger that the other may commit the offence;
2. after having declared his willingness to commit a felony, gives up his plan; or
3. after having agreed to commit a felony or accepted the offer of another to commit a felony prevents the commission of the offence.
(2) If the offence is not completed regardless of his actions or if it is committed independently of his previous conduct, his voluntary and earnest effort to prevent the completion of the offence shall suffice for exemption from liability.
SPECIAL PART
CHAPTER SEVEN
OFFENCES AGAINST PUBLIC ORDER
Section 129a
Forming terrorist organisations
(1) Whosoever forms an organisation whose aims or activities are directed at the commission of
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.