OCGA Chapter 16, Criminal Code of Georgia

16-1

16-2

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16-9

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Index

16-2-1 16-2-2 16-2-3 16-2-4 16-2-5 16-2-6
  16-2-20 16-2-21 16-2-22    
16-2
16-2-1.
A 'crime' is a violation of a statute of this state in which there is a joint operation of an act or omission to act and intention or criminal negligence.

16-2-2.
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A person shall not be found guilty of any crime committed by misfortune or accident where it satisfactorily appears there was no criminal scheme or undertaking, intention, or criminal negligence.

16-2-3.
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Every person is presumed to be of sound mind and discretion but the presumption may be rebutted.

16-2-4.
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The acts of a person of sound mind and discretion are presumed to be the product of the personīs will but the presumption may be rebutted.

16-2-5.
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A person of sound mind and discretion is presumed to intend the natural and probable consequences of his acts but the presumption may be rebutted.

16-2-6.
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A person will not be presumed to act with criminal intention but the trier of facts may find such intention upon consideration of the words, conduct, demeanor, motive, and all other circumstances connected with the act for which the accused is prosecuted.

16-2-20.
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(a) Every person concerned in the commission of a crime is a party thereto and may be charged with and convicted of commission of the crime.
(b) A person is concerned in the commission of a crime only if he:
(1) Directly commits the crime;
(2) Intentionally causes some other person to commit the crime under such circumstances that the other person is not guilty of any crime either in fact or because of legal incapacity;
(3) Intentionally aids or abets in the commission of the crime; or
(4) Intentionally advises, encourages, hires, counsels, or procures another to commit the crime.

16-2-21.
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Any party to a crime who did not directly commit the crime may be indicted, tried, convicted, and punished for commission of the crime upon proof that the crime was committed and that he was a party thereto, although the person claimed to have directly committed the crime has not been prosecuted or convicted, has been convicted of a different crime or degree of crime, or is not amenable to justice or has been acquitted.

16-2-22.
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(a) A corporation may be prosecuted for the act or omission constituting a crime only if:
(1) The crime is defined by a statute which clearly indicates a legislative purpose to impose liability on a corporation, and an agent of the corporation performs the conduct which is an element of the crime while acting within the scope of his office or employment and in behalf of the corporation; or
(2) The commission of the crime is authorized, requested, commanded, performed, or recklessly tolerated by the board of directors or by a managerial official who is acting within the scope of his employment in behalf of the corporation.
(b) For the purposes of this Code section, the term:
(1) 'Agent' means any director, officer, servant, employee, or other person who is authorized to act in behalf of the corporation.
(2) 'Managerial official' means an officer of the corporation or any other agent who has a position of comparable authority for the formulation of corporate policy or the supervision of subordinate employees.