text: 49. Several members expressed the view that draft article 15 should be more elaborate than the text proposed, so as to identify more clearly the acts of complicity which ought to be covered by the draft Code. In the opinion of one xexber, the definition given in the draft article should cover both physical acts of complicity, such as aid, assistance, provision of means, etc. and "intellectual" or "moral" acts, which should include instigating or provoking a criminal act or giving the order to commit it. Another member also rsentioned instigation, assistance, counsel, order and direction as elements to be covered by the definition of the notion of complicity. Finally, another member proposed the following definition of the notion of complicity: "Ally person who aids, abets, counsels or procures the commission of any of the crimes under this Code shall be liable to be tried or is guilty of that crime". - 20 -50. With regard mow particularly to paragraph 2 of draft article 15 submitted by the Special Rapporteur, several member8 of the Commisaion supported his decision to include in the notion of complicity not only accessory acts prior to or concomitant with the prinoigal offence, but also subsequent accessc\ry acts. Other members expressed serious doubts OR that point or requested clarification on particular points. Some considered that distinctions should be drawn. When acts subsequent to the crime had been committed on the basis of an agreement or an understanding reached before or during its csmmission, they undoubtedly constituted acts of complicity. In their view, the position was more complex in the ca8e of an act committed after the crime but without any prior agreement. Such an act oould, strictly epeaking, constitute a separate criminal offence. 51, Lastly, some members of the Commission, referring to a passage in the
analysis: The text appears to be discussing the drafting of a code of laws, specifically regarding the notion of complicity and its definition. The language used is formal and legalistic, with references to specific acts and offenses. This suggests that the text is related to the legal system and the development of laws.