Where there exist personal defences absolving from or extenuating the penalty to an offence, whether as principal or accessory, then it shall affects only the
person concerned.
Material defences that absolves a party to an offence from the penalty or extenuating that penalty shall apply on whoever participated in the offence.
Article 44
Should the characterization of the crime or the penalty change according to the intent of the perpetrator or his knowledge circumstances thereof, the
accomplices in the offence, whether perpetrator or accomplice shall be punished according to their intent or knowledge.
Article 45
A party to an offence, whether as principal or accessory, is only punishable by the penalty for the offence that has actually been committed even though he
did not intend to commit the offence, as long as the offence that is committed is the probable consequence of his participation in it
Article 46
1. Should a person agrees with any other person or persons that a course of conduct shall be pursued which, if the agreement is carried out in
accordance with their intentions, will necessarily amount to or involve the commission of a felony or misdemeanor by one or more of the parties to the
agreement, the person(s) shall be guilty of criminal agreement, even if the offence or offences in question, was not committed.
1. The penalty of criminal agreement shall be imprisonment for a maximum term of five years, if the penalty of the offence in question was death
sentence or life imprisonment.
2.
Unless the law provides otherwise, if the penalty for the offence is less than the foregoing penalty, the penalty for the criminal agreement shall be
imprisonment for one-third of the maximum term of imprisonment imposed for the offence, or a fine not exceeding one third of the maximum fine
imposed
3. Any person shall be exempted from the penalties prescribed herein, If he promptly notifies the competent authorities of the existence of a criminal
agreement and of participants therein, before any felony or misdemeanor is committed as a result of that agreement, and before those authorities
have begun to investigate the conspirators.
4. If the authorities are notified after they have begun their investigations, then he is not exempted from the penalty unless the information leads to the
arrest of the conspirators.
Part 4
Reasons of Permissibility
Article 47
Nothing is an offence which is done in good faith, in exercising the right justified by the Law or Islamic Sharia and within the limits thereof.
The said rights are as follows:
1- Practicing medicine according to acknowledged scientific principles in the licensed medical professions, with the consent of the patient or his
representative, expressly or implicitly, or if the medical procedure is an emergency or the patient is not in a condition to express his will or it is difficult to
obtain the consent of his representative in a timely manner.
2- Violence while practicing sports within the limits decided for the game, in compliance with the rules of caution.
3- The necessary violence to arrest a perpetrator caught flagrante delicto.
4- Challenge of litigants against each other during the written or verbal defense in front of the investigating authorities or the courts within the limits that this
defense requires