- 13 Article 37. CDL-REF(2021)022 Concept of complicity Complicity shall be deemed to be intentional joint participation of two or more persons in the commission of an intentional crime. Article 38. Types of accomplices 1. Organiser, inciter and abettor together with the perpetrator shall be deemed to be accomplices. 2. A perpetrator shall be deemed to be the person who has directly committed a criminal offence or has immediately participated in the commission thereof jointly with other persons (joint perpetrators), as well as has committed the criminal offence through the use of other persons who, by virtue of law, shall not be subject to criminal liability or have committed the criminal offence negligently. 3. An organiser shall be deemed to be the person who has organised or directed the commission of criminal offence, as well as has established an organised group or a criminal organisation or has directed them. 4. An inciter shall be deemed to be the person who has incited another person to commit a criminal offence through persuasion, financial incentive, threat or other means. 5. An abettor shall be deemed to be the person who has assisted in the commission of a crime through provision of advice, instructions, information or means, tools or elimination of obstacles, as well as the person who has initially promised to conceal the criminal, means or instruments of crime, traces of crime or items obtained from a crime, as well as the person who has initially promised to acquire or realise such items. (Article 38 amended by HO-97-N of 9 June 2004) Article 39. Liability of accomplices 1. Joint perpetrators shall be subject to liability for a crime under the same Article of the Special Part of this Code. 2. An organiser, inciter and abettor shall be subject to liability under the Article that envisages the criminal offence committed referring to Article 38 of this Code, except for cases when they were joint perpetrators of a crime simultaneously. 3. A person not considered as a special subject of the crime, referred to in the Article of the Special Part of this Code, who has participated in the commission of a criminal offence provided for by that Article, may be subject to liability for the crime concerned only as an organiser, inciter or abettor. 4. In the event the perpetrator does not complete the crime for circumstances beyond his or her control, other accomplices shall be subject to liability for preparation of a crime or complicity in the attempted crime.