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4. Military
responsibility
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Article 19-Complicity
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| 19.1 |
Complicity |
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The intentional joint participation of two or more persons in the commission of a deliberate offence shall be deemed to be complicity in a offence.
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| 19.2 |
Types of Accomplices of a Offence
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In addition to the perpetrator, organizers, instigators, and accessories shall be deemed accomplices.
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A person who has actually committed a offence or who directly participated in its commission together with other persons (co-perpetrators), and also a person who has committed a offence by using other persons who are not subject to military responsibility by reason of age, insanity, or other circumstances provided for by this Code, shall be deemed to be a perpetrator.
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A person who has organized the commission of a offence or has directed its commission, and also a person who has created an organized group or a unlawful military community (unlawful military organization) or has guided them, shall be deemed an organizer.
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A person who has abetted another person in committing a offence by persuasion, bribery, threat, or by any other method shall be deemed an instigator.
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A person who has assisted in the commission of a offence by advice, instructions on committing the offence, or removal obstacles to it, and also a person who has promised beforehand to conceal the offence, means and instruments of commission of the offence, traces of the offence, or objects obtained unlawfully, and equally a person who has promised beforehand to acquire such objects, shall be deemed to be an accessory.
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| 19.3 |
The Responsibility of Accomplices in a Offence |
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The responsibility of accomplices in a offence shall be determined by the character and the degree of the actual participation of each of them in the commission of the offence.
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Co-perpetrators shall be answerable under Articles of this Code for a offence committed by them jointly.
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A person who is not a participant in a offence and who has taken part in the commission of the offence, stipulated by Articles of the Code, shall bear military responsibility for the given offence as its organizer, instigator, or accessory.
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If the perpetrator of a offence fails to carry out this offence owing to circumstances beyond his control, then the rest of the co-perpetrators shall bear military responsibility for preparations for a offence or attempted offence. A person who has not managed to abet other persons in commiting a offence owing to circumstances, beyond his control shall also bear military responsibility for preparations for the offence.
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