GENERAL PART
CHAPTER TWO
THE OFFENCE
FIRST TITLE
FOUNDATIONS OF CRIMINAL LIABILITY
Section 14
Acting for another
(1) If a person acts:
1. in his capacity as an organ authorised to represent a legal entity or as a member of such an organ;
2. as a partner authorised to represent a partnership with independent legal capacity; or
3. as a statutory representative of another, any law according to which special personal attributes, relationships or circumstances (special personal characteristics) form the basis of criminal liability, shall apply to the representative, if these characteristics do not exist in his person but in the entity, partnership or person represented.
(2) If a person, whether by the owner of a business or somebody delegated by him, has been
1. commissioned to manage the business, in whole or in part; or
2. expressly commissioned to perform autonomous duties which are incumbent on the owner of the business,
and the person acts on the basis of this commission, any law, according to which special personal characteristics give rise to criminal liability shall apply to the person commissioned, if these characteristics do not exist in his but in the person of the owner of the business. Within the meaning of the 1st sentence above an enterprise shall be the equivalent of a business. If a person acts on the basis of a similar commission for an agency performing public administrative services, the first sentence shall apply mutatis mutandis.
(3) Subsections (1) and (2) above shall apply even if the act of commission intended to create the power of representation or the agency is void.
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.