GENERAL PART
TITLE THREE
PUNISHMENT
2. Fixing of punishment
Continuing Criminal Offence
Article 49
(1) A continuing criminal offence is composed of several criminal offences that are identical or of the same kind, were committed by the same perpetrator, and represent a whole because at least two of the following circumstances apply : the victim is the same, the object of offence is the same, the same situation or the same permanent relationship is used, the place or area of commission is the same, or the perpetrator’s wrongful intent is the same.
(2) Criminal offences against person may constitute a continuing criminal offence only when committed against the same person.
(3) Offences that due to their nature may not be joined into a single offence may not constitute a continuing criminal offence.
(4) Where a continuing criminal offence comprises minor and more serious forms of the same offence, the most serious form of the offences committed shall be considered to constitute a continuing criminal offence.
(5) A continuing criminal offence may be punished by a more severe punishment than the punishment provided for by law provided that the continuing criminal offence consists of at least three criminal offences that meet the requirements referred to in para.1 hereof.
(6) A more severe punishment may not exceed twice the punishment laid down by law or exceed a twenty year prison term.
(7) The criminal offence that is not included in the continuing criminal offence as set in the final judgment constitutes a separate criminal offence and makes part of a separate continuing criminal offence.
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.