Recidivism of criminal offences

Ghana

Ghana - Criminal Procedure Code 1960 (2003) EN

PART VI—PUNISHMENTS

Different Kinds of Punishment

Section 300 Previous Convictions.
(1) Where a person, having been convicted of a crime, is again convicted of a crime he shall increased punishment in the cases and manner provided in the Table annexed to this section an thereto or to a period of detention in this Act called "preventive custody", under Part XIII of this Code.
(2) Nothing in this section, or in the said Table, shall exempt a person from any liability to which subject under any enactment, to death or to any greater or other punishment than the punishment the said Table, and any different punishment to which he is liable may be inflicted in addition to the p mentioned in the said Table.
(3) Nothing in this section, or in the said Table, shall apply to libel, or to any act which is a crime on t negligence.

Rome Statute

Article 25 Individual criminal responsibility

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.