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ARTICLE 18: ACCOMPLICE

- Accomplice are the person who, not being included in Art. 17
(Principals) , Cooperates in the execution of the offense by
previous or simultaneous acts.

(Accomplice- A person who helps another to commit a crime.)

BEING AN ACCOMPLICE ISNOTTHE

SAME AS:
accessory after the fact-- this remains, in some jurisdictions, a separate and
less serious offense for giving aid and comfort (harboring) to a fugitive.
The law sees it as a separate offense because it's really helping someone
avoid arrest or escape punishment more than helping someone commit a
crime. Accessories always have a claim to less punishment.
conspiracy-- conspiracy is a completely different crime; according to
thePinkerton rule, a person can be charged with both conspiracy to
commit a crime and the crime itself under the law of accomplices
(Example: two people agree to commit murder, and one acts as a lookout
while the other kills somebody; both can be charged with conspiracy to
commit murder and murder itself).
facilitationorsolicitation-- these are separate offenses, related to the ideas,
respectively, of making it easier for someone to commit a crime and
enticing someone to commit a crime that never occurs (Examples: aiding a
juvenile who is used in crime to limit someone's exposure to prosecution;
soliciting a prostitute; of the two, facilitation is closest to accomplice law).

REQUISITES:
1. Community of design, which means that the
accomplice knows of, and concurs with, the criminal
design of the principal by direct participation; and
2. The perfomance by the accomplice of previous or
simultaneous acts that are not indispensable to the
commission of the crime.
(Abarquez vs. People, GR. No. 150762, January 20,
2004)

NOTE:
1. An accomplice has knowledge of the criminal design of the principal and
all he does is concur with the purpose.
2. There must be a relation between the acts done by the principal and
those attributed to the person charged as an accomplice.
3. Accomplice cooperates in the execution by previous or simultaneous
acts, intending to give material and moral aid (Cooperation must be
knowingly done; it must also be necessary and not indispensable.)
4. There must be relation between acts of the principal and the alleged
accomplice
5. Mere commission of an act, which aids the perpetrator, is not enough.
The mere presence of the accused at the crime scene cannot be
interpreted to mean that he committed the crime for which he is being
charged.
6. In homicide and murder, the accomplice must not have inflicted the
mortal wound.

WHAT IS NEEDED TO DETERMINE

ACCOMPLICE LIABILITY?
1. Intent: the accomplice must have the
intended the target crime be in fact
committed up to completion
2. Scope of Liability: The accomplice will be
guilty of the target crime as well as the other
foreseeable crimes that may be committed
during the commission of the target crime.

EXAMPLES OF BEING AN ACCOMPLICE:

Serving as a get-away driver.

-Being a lookout for cops and witnesses
while the crime is being committed.
-Loaning money, weapons, or other objects for
use in the commission of the crime.
-Encouraging the principal to complete the
crime.
-

SITUATIONAL EXAMPLE:
Enraged that Betty has married her ex-husband, Wilma
hatches a plot to kill Betty. Wilma tells Barney of her
plan, and Barney agrees to help. Wilma arms herself
with a baseball bat and hides behind some bushes in
front of Bettys house. Barney then lures Betty out of her
house. Once Betty emerges, Wilma attacks Betty and
kills her with the baseball bat. In this situation, Barney
has committed an act necessary for accomplice liability
to attach because he has assisted in the commission of
the crime.

WHAT HAPPENS IF THE ACCOMPLICE

WITHDRAWS THEIR SUPPORT?
In some cases, accomplice liability may be negated (cancelled) if the accomplice
withdraws their support before the crime is completed. This depends on the
nature of the aid that the accomplice contributed in the first place.
Under most state laws, if the accomplice provided mere encouragement in the
form of words, they will not be held liable if they repudiate or discourage
the principal from completing the crime. However, if the accomplice went
beyond mere encouragement and provided active, physical assistance in the
crime, they will need to attempt to neutralize any further commission of the
crime.
Thus, withdrawal is a common defense that is raised when determining what
is accomplice liability and criminal liability.

THERE ARE THREE (3) WAYS TO OFFER A DEFENSE TO

THE CRIME OF BEING AN ACCOMPLICE:
(1) Mistake of fact -- this isnotthe same as "I didn't know it
was a crime" (mistake of law) but a mistake of fact good
faith claim because of the way a person perceives the world
and makes reasoned judgments
(2) Abandonment -- the complicity was abandoned in a timely
manner; the accomplice terminated their participation
either completely or in part such as to deprive the principal
of effectiveness at committing the crime; "I didn't help so
they could get caught and learn their lesson"
(3) Withdrawal -- the complicity was repudiated voluntarily
(not merely because of a fear of getting caught); "I didn't
help because it was wrong"; some attempts are made to
neutralize or thwart the crime such as by notifying
authorities.

DO I NEED A LAWYER IF I HAVE ISSUES WITH

ACCOMPLICE LIABILITY AND CRIMINAL
LIABILITY?
If you are involved in any way with accomplice
liability charges, you should seek legal
assistance immediately. An experienced
criminal defense lawyercan help determine
whether you are liable as an accomplice, and
whether any defenses may be raised in your
favor. You may wish to hire a criminal
defense attorney in your area for legal advice
and representation in court.

THANK YOU!!!!
References:
-Criminal Law and Jurisprudence by Atty. Gabao
-http://www.drtomoconnor.com/3010/3010lect03.htm
-http://www.legalmatch.com/law-library/article/what-isaccomplice-liability-and-criminal-liability.html