Criminal Code > TITLE II THE CRIME AND 1

TITLE II THE CRIME AND ITS COMMISSION

CHAPTER I THE CRIME

Article 23- Crimes.

(1) A crime is an act which is prohibited and made punishable by law.

In this Code, an act consists of the commission of what is prohibited or the omission of what is prescribed by law.

(2) A crime is only completed when all its legal, material and moral ingredients are present.

(3) Notwithstanding the provision of sub-article (2) of this Article, a juridical person shall be criminally liable to punishment under the conditions laid down in Article 34 of this Code.

(4) A crime is punishable where the Court has found the crime proved and deserving of punishment.

Article 24 – Relationship of Cause and Effect.

(1) In all cases where the commission of a crime requires the achievement of a given result, the crime shall not be deemed to have been committed unless the result achieved is the consequence of the act or omission with which the accused person is charged.

This relationship of cause and effect shall be presumed to exist when the act within the provisions of the law would, in the normal course of things, produce the result charged.

(2) Where there are preceding, concurrent or intervening causes, whether due to the act of a third party or to a natural or fortuitous event, which are extraneous to the act of the accused, this relationship of cause and effect shall cease to exist when the extraneous cause in itself produced the result.

If, in such a case, the act with which the accused person is charged in itself constitutes a crime he shall be liable to the punishment specified for such a crime.

(3) Relationship of cause and effect shall be presumed to exist between each cause specified under sub-article (2) above and the result achieved, when the result is the cumulative effect of these causes, even though each cause cannot independently produce the result.

Article 25- Place and Time of the Crime.

(1) A crime is committed at the place where and at the time when the criminal performed or failed to perform the act penalized by criminal law.

An attempt is committed at the place where and at the time when the criminal performed or failed to perform the preliminary acts which constitute such an attempt.

(2) With regard to non-instantaneous crimes where the act and the criminal result do not coincide the crime is deemed to have been committed both at the place of the unlawful act and that of its result.

Similarly, an attempt is deemed to have been committed both at the place where the criminal attempted the crime and the place he intended the result to be produced.

For purposes of prosecution, the jurisdiction of the place where the result was achieved is subsidiary to that of the place of commission.

(3) When a combination or repetition of criminal acts is an element of an ordinary or aggravated crime as provided under Article 61, or when the act is pursued over a period of time, the place where and the time when the crime is committed shall be the place where and the time when one of the combined or repeated acts or part of the acts pursued is committed.