Article 25: Any conviction resulting from a decision made in the presence of the accused person
and which is not or is no longer subject to any appeal by the public prosecutor or the convicted
person shall be deemed final.
TITLE II: OFFENCE: COMMISSION AND PARTICIPATION
CHAPTER 1: COMMISSION OF THE OFFENCE
Article 26: An offence is only committed when all of its constituent elements are fulfilled and
met.
If the offence is constituted by an act that is continuous or repeated, or if it is constituted by the
combination of several acts, the offence is deemed to have been committed until such time as
these acts have come to an end.
Article 27: Acts merely intended to prepare or make possible the commission of an offence are
not punishable, unless they constitute in themselves an offence provided for by law.
They may, however, give rise to the application of a security measure in accordance with the
conditions set out in articles 90 and 91.
Article 28: Any attempt to commit a felony manifested by an act which unequivocally implies
the irrevocable intention of its author to commit the felony shall be considered as the felony itself
if it was suspended or failed only because of circumstances beyond the offender’s control.
Attempted misdemeanor is considered as the misdemeanor itself in the conditions set out by a
provision of the law.
The attempt is punishable even if the intended purpose could not be achieved due to a factual
circumstance.
CHAPTER 2: PARTICIPATION IN THE OFFENSE
Article 29: Is a perpetrator of an offence a person who :
1°) commits it materially ;
2°) without personally carrying it out materially, has participated in its commission with the
perpetrator provided for in 1°) of this article or uses a person who is criminally not reliable to
commit it or knowingly compels another person to commit it;
3°) knowingly and unequivocally incites a third party to commit the offence, by giving
instructions to commit it or by provoking its commission through the use of gifts, promises,
threats, abuse of authority or power, deception or culpable incitement, even if the offence was
neither attempted nor committed.
Article 30: Is an accomplice in committing a felony or misdemeanor a person who, without
taking a direct part in its realization, knowingly: