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Article 121-6 of the French criminal code [2] states that "the accomplice to the offence, in the meaning of article 121-7, is punishable as a perpetrator". Article 121-7 distinguishes, in its two paragraphs, complicity by aiding or abetting and complicity by instigation. [3]
First, the accomplice must act with at least the same mental state required for the commission of the crime. For example, if the crime is common law murder, the state must prove that the accomplice acted with malice. Second, the accomplice must act for the purpose of helping or encouraging the principal to commit the crime. [citation needed]
Aiding and abetting is a legal doctrine related to the guilt of someone who aids or abets (encourages, incites) another person in the commission of a crime (or in another's suicide).
If an accomplice only advised or encouraged the principal to commit the crime, he must at least communicate his withdrawal to the other parties. Where an accomplice has supplied the principal with the means of committing the crime, the accomplice must arguably neutralise, or at least take all reasonable steps to neutralise, the aid he has given.
This suggests that conspiracy is the only criminal form of complicity, which is not consistent with the rest of the article or the referenced articles, which treat being an accomplice as likely criminal. (The article also ought to be clearer about whether being an accomplice and being complicit are considered as synonymous.)
(Pledger v Janssen, et al.) (Hearing is reconvened at 9:38 a.m., and the following transpired in open court out of the hearing of the jury:) THE COURT: All right, we are waiting for the arrival of a few more jurors, so we are going to address some remaining issues involved with the jury instructions. I understand there is a new instruction
The general rule in criminal law is that there is no vicarious liability. This reflects the general principle that crime is composed of both an actus reus (the Latin tag for "guilty act") and a mens rea (the Latin tag for "guilty mind") and that a person should only be convicted if they are directly responsible for causing both elements to occur at the same time (see concurrence).
The article on Accomplice should be merged into Complicity as they both deal with the same concept. Complicity merits discussion; an accomplice is simply someone who engages in complicity. Pol098 15:57, 29 December 2012 (UTC) Closing this, interpreting lack of discussion over a year-and-a-half as a lack of interest in the merge.