Article 7
(1) A criminal offence is considered to have been committed at a time when the perpetrator acted or should have acted, irrespective of when the consequence of that act arose.
Article 23
(1) A perpetrator of a criminal offence shall be the person taking the act of commission of a criminal offence or the person committing the offence through another person, provided that this other person can not be considered to be the perpetrator.
Article 400
Whoever conspires with another to commit a criminal offence punishable by a prison sentence for a term of five years or a more severe penalty shall be punished by a fine or a prison sentence for a term not exceeding one year.
Article 401
(1) Whoever creates a group or another association aimed at committing criminal offences punishable by a one year prison sentence or a more severe sentence shall be punished by a prison sentence for a term not exceeding three years.
(2) Where the offence set forth in paragraph 1 of this Article refers to an association aimed at committing criminal offences punishable by a five year prison sentence or a more severe sentence, the mastermind of the association shall be punished by a prison sentence for a term from one to eight years, and a member of the association by a prison sentence for a term not exceeding two years.
(3) Where the offence set forth in paragraph 1 of this Article refers to an association aimed at committing criminal offences punishable by a fifteen year prison sentence, the mastermind of the association shall be punished by a prison sentence for a term from two to twelve years, and a member of the association by a prison sentence for a term not exceeding three years.
(4) Where the offence set forth in paragraph 1 of this Article refers to an association aimed at committing criminal offences punishable by a twenty year prison sentence or a long-term prison sentence, the mastermind of the association shall be punished by a prison sentence for a minimum term of ten years or a thirty year prison sentence, and a member of the association by a prison sentence for a
term from six months to five years.
(5) The mastermind of the association set out in paragraphs 1 to 4 of this Article who exposes the association or otherwise prevents the commission of criminal offences which were the reason to create the association shall be punished by a prison sentence for a term not exceeding three years, and he may also be released from punishment.
(6) A member of the association set out in paragraphs 2, 3 and 4 of this Article who exposes the association or contributes to its exposure may be released of punishment.
(7) The mastermind and member of the association who commits a criminal offence as a member of the association shall be punished for that criminal offence as well.
Article 401a
(1) Whoever creates a criminal organisation aimed at committing criminal offences punishable under law by a four year prison sentence or a more severe sentence shall be punished by a prison sentence for a term from three to fifteen years.
Article 401a
(1) Whoever creates a criminal organisation aimed at committing criminal offences punishable under law by a four year prison sentence or a more severe sentence shall be punished by a prison sentence for a term from three to fifteen years.
(2) A member of the criminal organisation set out in paragraph 1 of this Article shall be punished by a prison sentence for a term from one to eight years.
(3) The mastermind of a criminal organisation who exposes the criminal organisation or otherwise prevents the commission of criminal offences for the purpose of which the organisation was created shall be punished by a prison sentence for a term from three months to three years, and he may also be released from punishment.
(4) A member of the criminal organisation who exposes the criminal organisation or contributes to its exposure shall be punished by a prison sentence for a term not exceeding one year, and he may also be released from punishment.
(5) The mastermind and a member of the criminal organisation who commits a criminal offence as a member of the criminal organisation shall be punished for that criminal offence as well.
(6) The criminal organisation set out in paragraph 1 of this Article is considered to be the organisation composed of three or more persons which has as its objective to commit criminal offences punishable under law by a prison sentence for a term of four years or a more severe sentence, for the purpose of acquiring unlawful benefit or power, if at least three of the following requirements are met:
1) that each member of the criminal organisation had a predefined or obviously definable task or role;
2) that the activities of the criminal organisation have been planned for a longer period of time or for an unlimited period;
3) that the activities of the criminal organisation are based on the application of certain rules of internal control and member discipline;
4) that the activities of the criminal organisation are planned and implemented in international proportions;
5) that the activities of the criminal organisation include the application of violence or intimidation or that there is readiness for their application;
6) that the activities of the criminal organisation include the use of economic or business structures;
7) that the activities of the criminal organisation include the use of money laundering or illicit profits or
8) there is influence of the criminal organisation or part thereof onto public power, media, legislative, executive or judicial branches of government or other significant social or economic factors.
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.