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Complicity and criminal liability

Last Updated on Sunday, 22 May 2011 08:26 Written by Administrator Monday, 11 August 2008 22:13

GENERAL.

The offender may be the perpetrator of the offense, the co-author or accomplice. The perpetrator is the person who performs the offense. The joint action consists of joint positive action of any direct participant in the action. Complicity is the act of intentionally and materially facilitate the commission of an offense without participating directly. There are three forms of criminal responsibility: that of individuals, the so-called vicarious and corporate liability.

Complicity.

A / traditional notion.
Complicity is the act of knowingly and materially assist in the preparation or execution of an offense without committing the acts constituting direct that - this. Crime is not independent of the accomplice in French law, it is assimilated to that of the principal. The accomplice incurs the same penalty as the principal author = "system of borrowing penalty."

B / TEXTS.
There are two texts: Article 121-6 and 121-7. The accomplice to a crime or offense by the person who knowingly aid or assistance has facilitated the preparation or consumption.
Accomplice is also the person by gift, promise, threat, order, abuse of authority or power causes an offense or give instructions to commit.

C / ANALYSIS OF COMPONENTS OF complicity.

1) Existence of an offense.
It must be consummated or attempted. Complicity is punishable attempt. The offense should be or can be a crime or offense.

2) Predicate offense must be punishable.
If the principal act is not punishable, the accomplice will not be. However, the repair of the accomplice is independent of the main author.
Ex: if the Crown does not involve public action against the author or the charges against him - are impossible because he died, a minor, insane, amnesty, acquitted. The accomplice may be prosecuted.

3) Existence of an act of complicity.
The act must be a positive act by the law prior or contemporaneous to the offense.
Case law believes that there can be no complicity by failure. The law defines limited to physical acts of complicity.
Article 121-77 of the Penal Code provides three legal situations of complicity:
- Complicity by proxy, ie the fact of causing offense by gift, promise, threat, order, abuse of authority;
- Complicity instruction: means information that would facilitate the execution of the crime or offense;
- Aiding and assistance: this is to facilitate in any way the preparation or commission of a felony or a misdemeanor.