Article 38 A perpetrator is one who: 1- Commits an offence by himself or with another. 2- Commits on purpose an act or the elements constituting the offence, should it consist of several elements. 3- Acts as accomplice in the commitment of the offence and be present during its execution. 4- Uses another person by any means to execute the elements of the offence, where the latter is considered non-liable for any reason. Article 39 The following shall be deemed as accomplice: 1. Whoever abets the commission of an offence which occurs as a consequence of such abetting. 2. Whoever agrees with another on the commission of an offence which occurs as a result of such agreement. 3. Whoever knowingly aids the perpetrator in any manner in the commission thereof, making the occurrence thereof possible, due to such aid. Whoever knowingly supplies the principal to an offence with a weapon, instrument or anything else to commit an offence or deliberately assists the principal in any other way to carry out acts thereof Article 40 Unless otherwise stipulated by the law, whoever participates in the commission of an offence shall be punishable by the penalty prescribed for that offence. Article 41 Where an accomplice is not subject to the sanction on grounds of one of the causes of permissibility, or for the lack of criminal intent or for other particular reasons related thereto, the other accomplices shall not benefit therefrom. Article 42 Where there exist material circumstances in the offence that would by their nature aggravate or extenuate the penalty, they shall affect all participants to the offence, principal or accessory, whether they are aware of those circumstances or not. Where there are personal circumstances which would change the description of the offence, they shall not affect any person other than the person concerned, unless that other person is aware of them. Any other circumstance shall only affect the person concerned, whether or not it is aggravating or extenuating. Article 43