GENERAL PART
TITLE TWO
CRIME
CHAPTER FOUR
PERSONS SUBJECT TO CRIMINAL LIABILITY
Article 24. Recidivist
24.1.A court shall recognize the following persons recidivist :
24.1.1. persons who were sentenced to imprisonment for committing a serious crime during the service of the penalty or afterwards who previously committed crime and were sentenced to imprisonment twice ;
24.1.2. persons who were sentenced to imprisonment for committing a grave crime again during the service of the penalty or afterwards who previously committed a serious or grave crime and were sentenced to imprisonment ;
24.1.3. persons who were not previously sentenced to imprisonment who have been sentenced to imprisonment for committing repeatedly a grave crime ;
24.1.3. persons who have been sentenced to imprisonment for committing a crime who are members of the group specified in Article 36.5 of this Code.
24.2. Grounds for recognizing a recidivist shall not apply to the crimes committed when under the legal age, crimes with respect of which the person concerned has been expunged or has been considered as having no criminal record.
24.3. The norm of the Special Part of this Code specifying the fact of committing a crime by a recidivist as an aggravating circumstance shall apply to the cases where the person concerned has been recognized recidivist before committing such a crime in the grounds and procedures set in law.
24.4. A court shall specify in the sentencing judgment the reasons for recognizing the person concerned a recidivist.
24.5. Recognizing as a recidivist shall lose its effect at the moment the person concerned is considered as having no criminal record.
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.