Conspiracy

Malawi

Malawi - Penal code 1930 (1999) EN

PART I
GENERAL PROVISIONS

CHAPTER V
PARTIES TO OFFENCES

22. Offences committed by joint offenders in prosecution of common purpose

When two or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another, and in the prosecution of such purpose an offence is committed of such a nature that its commission was a probable consequence of the prosecution of such purpose, each of them is deemed to have committed the offence.

Malawi - Penal Code 1930 (2018) EN

109. Conspiracy to defeat justice and interference with witnesses

Any person who—

(a) conspires with any other person to accuse any person falsely of any crime or to do anything to obstruct, prevent, pervert, or defeat the course of justice

shall be guilty of an offence and shall be liable to imprisonment for five years.

404. Conspiracy to commit felony

Any person who conspires with another to commit any felony, or to do any act in any part of the world which if done in Mala#i would be a felony, and which is an offence under the laws in force in the place where it is proposed to be done, shall be guilty of a felony and shall be liable, if no other punishment is provided, to imprisonment for seven years, or, if the greatest punishment to which a person convicted of the felony in question is liable is less than imprisonment for seven years, then to such lesser punishment.


405. Conspiracy to commit misdemeanor

Any person who conspires with another to commit a misdemeanor, or to do any act in any part of the world which if done in Mala#i would be a misdemeanor, and which is an offence under the laws in force in the place where it is proposed to be done, shall be guilty of a misdemeanor.


406. Other conspiracies

Any person who conspires with another to effect any of the purposes following, that is to say—

(a) to prevent or defeat the execution or enforcement of anyAct; or
(b) to cause any injury to the person or reputation of any person, or to depreciate the value of any property of any person; or
(c) to prevent or obstruct the free and lawful disposition of any property by the owner thereof for its fair value; or
(d) to injure any person in his trade or profession; or
(e) to prevent or obstruct, by means of any act or acts which if done by any individual person would constitute an offence on his part, the free and lawful exercise by any person of his trade, profession, or occupation; or
(f) to effect any unlawful purpose; or
(g) to effect any lawful purpose by any unlawful means,

shall be guilty of a misdemeanor.

Rome Statute

Article 25 Individual criminal responsibility

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:

(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;