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Complicity : ウィキペディア英語版
Complicity

An individual is complicit in a crime if he is aware of its occurrence and has the ability to report the crime, but fails to do so. As such, the individual effectively allows criminals to carry out a crime despite potentially being able to stop it from happening, either directly or by contacting the authorities. The offender is a de facto accessory to the crime, rather than an innocent bystander.
Law relating to complicity varies. Usually complicity is not a crime although this sometimes conflicts with popular perception. At a certain point a person that is complicit in a crime may become a conspirator depending on the degree of involvement by the individual and whether a crime was completed or not.
Complicity is a doctrine that operates to hold persons criminally responsible for the acts of others. Complicity encompasses accessorial and conspiratorial liability. Accessorial liability is frequently referred to as accomplice liability.
An accomplice is a person who helps another person commit a crime, Accomplice liability involves primary actors who actually participate in the commission of the crime and secondary actors who aid and encourage the primary actors. The aid can be either physical or psychological. The secondary actors are called accomplices.
== Common law ==

At common law actors were classified as principals and/or accessories.〔The classification system applied to crimes committed. For treason all actors were considered principals. For misdemeanors participants included principals in the first and second degree and accessories before the fact. There were no accessories after the fact with respect to misdemeanors.〕 Principals were persons who were present at the scene of the crime and participated in its commission.〔Presence could be either actual or constructive.〕 Accessories were persons who were not present during the commission of the crime but who aided, counseled, procured, commanded, encouraged or protected the principals before or after the crime was committed. Both categories of actors were further subdivided. Principals in the first degree were persons who with the requisite state of mind committed the criminal acts that constituted the criminal offense.〔Lafave (2000) sec 6.6(a). See also ''Osland v R'' () HCA 75; 197 CLR 316 (AustLii )〕 Principals in the second degree, also referred to as aiders and abettors, were persons who were present at the scene of the crime and provided aid or encouragement to the principal in the first degree.〔Lafave (2000) sec. 6.6(b).〕 Accessories were divided into accessories before the fact and accessories after the fact. An accessory before the fact was a person who aided, encouraged or assisted the principals in the planning and preparation of the crime but was absent when the crime was committed.〔Lafave (2000) 6.6(c)〕 An accessory after the fact was a person who knowingly provided assistance to the principals in avoiding arrest and prosecution. It was eventually recognized that the accessory after the fact, by virtue of his involvement only after the felony was completed, was not truly an accomplice in the felony.〔Sickmann, Andrew John. Accomplice Liability: American Jurisprudence Injecting Mens Rea Under False Hopes of Criminal Deterrence.〕

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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