Volume 133Issue 31A
Royal Gazette
7 April 2559
(7)he is required to compensate or otherwise remedy the injured party for the injury, according to the agreements between him and the injured party;
(8)he is required to rehabilitate or remedy the damage which has occurred to the natural resources or environment, or to pay damages therefor;
(9)he is required to post a bond in a sum found appropriate by the court for refraining from causing an unfavourable incident or danger to another person or property;
(10)other conditions which the court finds it appropriate to designate for rehabilitation or for prevention of the offender from committing or having an opportunity to commit an offence again, or conditions for remedying the injured party as found appropriate.
As for the conditions which the court has designated in accordance with the disposition of paragraph 2, if the court subsequently learns from an application of the offender, his legal representative, his curator, a public prosecutor, or an officer that the circumstances relating to the supervision of his behaviour have changed, the court may, when the court finds it appropriate, amend or revoke any of those conditions or may additionally designate any of the conditions mentioned in paragraph 2 which have not yet been designated by the court, or if the bond is breached, the provisions of section 47 shall apply mutatis mutandis.”
Section8.The dispositions of section 84 of the Criminal Code shall be repealed and replaced by the following dispositions:
“Section84.Whoever causes another person to commit an offence, whether by employing, forcing, threatening, hiring, asking, or encouraging, or by any other way, is an abettor.
If the offence has not been committed, whether because the abetted refused to commit it or has not yet committed it or because of any other reason, the abettor shall merely be punished with one third of the punishment designated for the offence.
If the abetted has committed the offence, the abettor must be punished as if being a principal, and if the abetted is a person who is not older than eighteen years, disabled person, infirm person, employee or subordinate of the abettor, impoverished person, or person who is required to depend upon the abettor owing to sickness or in any manner, the punishment designated by the court for the abettor shall be increased by one half.”
Section9.The following disposition shall be inserted in the Criminal Code as section 85/1:
“Section85/1.If the person abetted according to section 84 or person complying with the publication or announcement made to the general public encouraging them to commit an offence according to section 85 provides important information which brings to light the offence of the abettor or person making the publication or announcement to the general public encouraging them to commit an offence, and which is of great benefit to the prosecution of the mentioned person, the court may punish him more lightly in any degree than the minimum rate of punishment designated for his offence.”
