PART I - GENERAL PROVISIONS
ARTICLE 1. PRELIMINARY
ยง1.07. Method of Prosecution When Conduct Constitutes More than One Offense.
(1) Prosecution for multiple offense; limitation on convictions. When the same conduct of a defendant may establish the commission of more than one offense, the defendant may be prosecuted for each such offense. The defendant may not, however, be convicted of that one offense if:
(a) one offense is included in the other, as defined in Subsection (4) of this Section; or
(b) one offense consists only of a conspiracy or other form of preparation to commit the other; or
(c) inconsistent findings of fact are required to establish the commission of the offenses; or
(d) the offenses differ only in that one is defined to prohibit a designated kind of conduct generally and the other to prohibit a specific instance of such conduct; or
(e) the offense is defined as a continuing course of conduct and the defendant's course of conduct was uninterrupted, unless the law provides that specific periods of such conduct constitutes separate offenses.
(2) Limitation on separate trials for multiple offenses. Except as provided in Subsection(3) of this Section, a defendant shall not be subject to separate trials for multiple offenses based on the same conduct or arising from the same criminal episode, if such offenses are known to the appropriate prosecuting officer at the time of the commencement of the first trial.
(3) Authority of court to order separate trial. When a defendant is charged with two or more offenses based on the same conduct or arising from the same criminal episode, the court may order any such charge to be tried separately, if it is satisfied that justice so requires.
(4) Conviction of lesser included offense permitted. A defendant may be convicted of an offense included in an offense charged in the information, complaint, or citation. An offense is so included when:
(a) it is established by proof of the same or less than all the facts required to establish the commission of the offense charged; or
(b) it consists of an attempt or solicitation to commit the offense charged, or to commit an offense otherwise included therein; or
(c) it differs from the offense charged only in the respect that a less serious injury or risk of injury to the
same person, property or public interest or a lesser kind of culpability suffices to establish its commission.
(5) Submission of included offense to jury. The court shall not be obligated to charge the jury with respect to an included offense unless there is rational basis for a verdict acquitting the defendant of the offense charged and convicting him of the included offense.
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.