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The concept of complicity is, of course, common across different legal traditions. The specific terms accessory-before-the-fact and accessory-after-the-fact were used in England and the United States but are now more common in historical than in current usage. The spelling accessary is occasionally used, but only in this legal sense.
While aiding means providing support or assistance to someone, abetting means encouraging someone else to commit a crime. Accessory is someone who in fact assists "commission of a crime committed primarily by someone else". [1] However, some jurisdictions have merged being an accessory before the fact with aiding and abetting. [2]
An accessory is a person who helps commit the crime without presence. Accessories are generally punished less severely than the principal. The two types of accessories are: An accessory before the fact is a person who encourages or helps another commit a crime. Statutes group principals with these accessories and punish them together.
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. [11] An accessory after the fact was a person who knowingly provided assistance to the principals in avoiding arrest and prosecution.
The Accessories and Abettors Act 1861 (24 & 25 Vict. c. 94) is a mainly repealed Act of the Parliament of the United Kingdom of Great Britain and Ireland.It consolidated statutory English criminal law related to accomplices, including many classes of encouragers (inciters).
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