CRIMINAL CODE [CAP. 9. 33 principal. 44. Where two or more persons take part in the commission of a crime, the circumstances which refer solely to the person of any o n e o f t h e m i n d i v i d u a l l y, w h e t h e r h e b e a p r i n c i p a l o r a n accomplice, and which may exclude, aggravate, or mitigate the punishment in regard to him, shall not operate either in favour of, or against the other persons concerned in the same crime. Personal circumstances not communicable. 45. Where two or more persons take part in the commission of a crime, any act committed by any of such persons, whether he be a principal or an accomplice, which may aggravate the crime, shall only be imputable (a) to the person who commits the act; (b) to the person with whose previous knowledge the act is committed; and (c) to the person who, being aware of the act at the moment of its commission, and having the power to prevent it, does not do so. Real circumstances when communicable. 46. Where the actual commission of a crime is established, an accomplice shall be liable to be punished, independently of the principal, notwithstanding that such principal shall die or escape or be pardoned or otherwise delivered before conviction, or notwithstanding that the principal is not known. Accomplice liable to punishment independently of the principal. 47. Any person who (a) constrains another person by an external force which such other person could not resist, to commit an offence; or (b) participates by any of the acts specified in article 42 in an offence committed by any other person who is according to law exempt from criminal responsibility, Constraint to commit offence, etc. Added by: V. 1956.13. shall himself be guilty of that offence as a principal offender. 48. The provisions contained in this Title shall also apply to contraventions. TITLE IV BIS Complicity in contraventions. Added by: III. 2002.18. OF CONSPIRACY 48A. (1) Whosoever in Malta conspires with one or more persons in Malta or outside Malta for the purpose of committing any crime in Malta liable to the punishment of imprisonment, not being a crime in Malta under the Press Act, shall be guilty of the offence of conspiracy to commit that offence. (2) The conspiracy referred to in subarticle (1) shall subsist from the moment in which any mode of action whatsoever is planned or agreed upon between such persons. (3) Any person found guilty of conspiracy under this article Conspiracy. Added by: III. 2002.18. Cap. 248.