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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]
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]
The examples and perspective in this article deal primarily with the United States, Canada, and the United Kingdom and do not represent a worldwide view of the subject. You may improve this article, discuss the issue on the talk page, or create a new article, as appropriate. (April 2023) (Learn how and when to remove this message)
The examples and perspective in this article may not represent a worldwide view of the subject. You may improve this article, discuss the issue on the talk page, or create a new article, as appropriate. (March 2016) (Learn how and when to remove this message)
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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.)
This principle was directly overruled in England with the rulings R v Ring and R v. Brown [ 18 ] The example from R v Brown of an attempt to steal from an empty pocket is now a classic example of illustrating the point that impossibility is no defense to the crime of attempt when the conditions creating the impossibility are unknown to the actor.
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.