Section 1. Basis of Criminal Liability
(1) Only a person who is guilty of committing a criminal offence, that is, one who deliberately (intentionally) or through negligence has committed an offence which is set out in this Law and which has all the constituent elements of a criminal offence, may be held criminally liable and punished.
(2) To be found guilty of committing a criminal offence and to impose a criminal punishment may be done by a judgment of a court and in accordance with law.
(3) In the cases provided for by Law, also a prosecutor shall find a person guilty of committing a criminal offence and determine a punishment by drawing up a penal order.
(4) An offence may not be considered criminal by, applying the law by analogy.
Section 6. Concept of a Criminal Offence
(1) A harmful offence (act or failure to act) committed deliberately (intentionally) or through negligence, provided for in this Law, and for the commission of which criminal punishment is set out, shall be considered a criminal offence.
(2) An offence (act or failure to act) which has the constituent elements of an offence set out in this Law, but has been committed in circumstances, which exclude criminal liability, shall not be considered criminal.
Section 8. Forms of Guilt
(1) Only a person who has committed a criminal offence deliberately (intentionally) or through negligence may be found guilty of it.
(2) When determining the form of guilt of the person who has committed a criminal offence, the mental state of the person in relation to the objective elements of the criminal offence must be established.
Section 12. Liability of a Natural Person in the Case of a Legal Person
A natural person who has committed a criminal offence acting in the interests of a legal person governed by private law, for the benefit of the person or as a result of insufficient supervision or control thereof shall be held criminally liable, but the coercive measures provided for in this Law may be applied to the legal person.
Section 17. Perpetrator of a Criminal Offence
A person who himself or herself has directly committed a criminal offence or, in the commission of such, has employed another person who, in accordance with the provisions of this Law, may not be held criminally liable, shall be considered the perpetrator of a criminal offence.
Section 53. Determination of Punishment for Preparation for a Crime and for an Attempted Crime
In determining punishment for preparation for a crime or for an attempted crime, a court shall take into account the nature of the acts committed by the offender and the harm caused by such, the degree of realisation of the criminal intent, and the reasons why the crime has not been completed.
Section 54. Determination of Punishment for a Criminal Offence Committed by Joint Participants
(1) In determining punishment for joint participants in a criminal offence, a court shall take into account the nature of participation of each person and his or her role in the committed criminal offence.
(2) Aggravating or mitigating circumstances pertaining to an individual joint participant shall be taken into account by a court only in determination of punishment for this joint participant.
Section 71.1 Invitation to Genocide
For a person who commits public invitation to genocide, the applicable punishment is the deprivation of liberty for a period of up to eight years.
Section 77.1 Unlawful Participation in an Armed Conflict
For a person who commits unlawful participation in an armed conflict, that is, active participation in an armed conflict taking place outside the territory of the Republic of Latvia which is directed against territorial integrity or political independence of a state or is otherwise in contradiction with international law binding upon the Republic of Latvia, violating laws and regulations or the international agreements binding upon the Republic of Latvia, the applicable punishment is the deprivation of liberty for a period of up to ten years, with probationary supervision for a period of up to three years.
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.