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accomplice : ウィキペディア英語版
accomplice

Under the English common law, an accomplice is a person who actively participates in the commission of a crime, even if they take no part in the actual criminal offense. For example, in a bank robbery, the person who points the gun at the teller and asks for the money is guilty of armed robbery. Anyone else directly involved in the commission of the crime, such as the lookout or the getaway car driver, is an accomplice, even if in the absence of an underlying offense keeping a lookout or driving a car would not be an offense.
An accomplice differs from an accessory in that an accomplice is present at the actual crime, and could be prosecuted even if the main criminal (the ''principal'') is not charged or convicted. An accessory is generally not present at the actual crime, and may be subject to lesser penalties than an accomplice or principal.
At law, an accomplice has lesser guilt than the person he or she is assisting, is subject to lesser prosecution for the same crime, and faces the smaller criminal penalties. As such, the three accomplices to the bank robbery above can also to a degree be found guilty of armed robbery even if only one stole money.
The fairness of the doctrine that the accomplice is still guilty has been subject to much discussion, particularly in cases of capital crimes. Accomplices have been prosecuted for felony murder even if the actual person who committed the murder died at the crime scene or otherwise did not face capital punishment.
In jurisdictions based on the common law, the concept of an accomplice has often been heavily modified by statute, or replaced by new concepts entirely.
== Canada ==

Criminal law in Canada is governed by the Criminal Code, a federal statute. Parliament has abolished the concepts of accomplice and accessory, and instead created a single statutory concept, namely being party to an offence:
:21. (1) Everyone 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.
:(2) Where two or more persons form an intention in common to carry out an unlawful purpose and to assist each other therein and any one of them, in carrying out the common purpose, commits an offence, each of them who knew or ought to have known that the commission of the offence would be a probable consequence of carrying out the common purpose is a party to that offence.〔(Criminal Code, RSC 1985, c C-46, s 21. )〕
A person can become a party to an offence where they ''encourage'' another (the principal) with words or acts, and intend to encourage.〔''R v Greyeyes'' () 2 SCR 825.〕
Mere presence at the scene of an offence is not sufficient grounds for liability. More involvement is needed, such as:
* encouragement of the principal
* an act or omission that facilitates the commission of the offence
* an act or omission which tends to prevent or hinder interference with the accomplishment of the offence.
However, presence at the commission of the offence is ''evidence'' of aiding or abetting if accompanied by other factors.〔 ''Dunlop v R'' () 2 SCR 881.〕

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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