|
Aiding and abetting is a legal doctrine related to the guilt of someone who aids or abets in the commission of a crime. It exists in a number of different countries and generally allows a court to pronounce someone guilty for aiding and abetting in a crime even if they are not the principal offender. ==Canada== In Canada, a person who aids or abets in the commission of a crime is treated the same as a principal offender under the criminal law. Section 21(1) of the ''Criminal Code'' provides that: :Every one is a party to an offence who ::(a) actually commits it; ::(b) does or omits to do anything for the purpose of aiding any person to commit it; or ::(c) abets any person in committing it.〔''Criminal Code'', RSC 1985, c C-46, s 21.〕 To show that an accused aided or abetted in the commission of a crime, the Crown does not need to prove the guilt of a specific principal offender. The Crown must show something more than mere presence to prove the act of aiding or abetting. Presence in the commission of a crime might be evidence of aiding and abetting if the accused had prior knowledge of the crime, or if the accused had legal duty or control over the principal offender. For example, the owner of a car who lets another person drive dangerously without taking steps to prevent it may be guilty because of their control over the driver's use of the vehicle.〔''R. v. Kulbacki'', () 1 CCC 167 (Man CA)〕 Further, the Crown must show that the accused had prior knowledge that "an offence of the type committed was planned", but it is not necessary that the accused desired the result or had the motive of assisting the crime. Intention to assist the crime is sufficient.〔''R. v. Hibbert'', () 2 SCR 973〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Aiding and abetting」の詳細全文を読む スポンサード リンク
|