「CRIMINAL ACT」
(3) Even though the instigated person does not consent to the commission of a crime, the
preceding paragraph shall apply to the instigator.
Article 32 (Accessories) (1) Those who aid and abet the commission of a crime by another
person shall be punished as accessories.
(2) The punishment of accessories shall be mitigated to less than that of the principals.
Article 33 (Complicity and Status)
Article 34 (Principal through Innocent Human Agent and Aggravation of Punishment for
Particular Instigation or Aiding and Abetting) (1) A person who commits a crime by
instigating or aiding and abetting another who is not punishable for such conduct, or who
is punishable as an offender through negligence, shall be punishable in accordance with
the provision for an instigator or accessory.
(2) A person who causes the results envisaged in the preceding paragraph by instigating or
aiding and abetting another person who is under his or her control and supervision, shall
be punished by increasing one half of the maximum term or maximum amount of penalty
provided for the principal in the case of instigating, and with the penalty provided for the
principal in the case of aiding and abetting.
SECTION 4 Repeated Crime
Article 35 (Repeated Crime) (1) A person who, having been punished with imprisonment
without labor or heavier punishment within three years after the date when the execution
has been completed or remitted, commits such crimes as shall be punished with
imprisonment without labor or heavier punishment shall be punished as a repeating
offender.
(2) The punishment for a repeated crime shall be aggravated to twice the maximum term
of that specified for such crime.
[This Article Wholly Amended on Dec. 8, 2020]
Article 36 (Discovery of Repeated Crime after Imposition of Sentence) When a repeated crime
is discovered after the imposition of sentence, the punishment may be determined de
novo by adding to the criminal sentence: Provided, That this shall not apply where the
execution of the sentence imposed has been completed or remitted.
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