Criminal liability for third person's act: case of release on bail

I.1.2 The person who acts

I.1.2.1.author

The author of an offense is anyone who shall directly execute the offense^33(*). The author is one who performs the unlawful acts. Indeed, the doctrine distinguishes the perpetrator (material author) of the offense, that one who carries out the elements of the offense, and the instigator (moral or intellectual author) of that one who determines people to perform material act without executing him/herself^34(*).

Material author is that one who personally performs material acts constituting the offense, for example that one who removes the property of another in theft. Contrarily to material author, intellectual author is that one who, by his willful or negligent conduct, let someone who is under his authority and supervision, commit a crime^35(*).

I.1.2.2.accomplice

Accomplices of a crime are those who knowingly have provided a useful support but not necessary, in commission of offence. Penal code defines an accomplice as any person knowingly, will by assistance, donation, promise, instructions, publicity, instigation,....... provoke the commission of a crime or will not report an offender^36(*). The accomplice and author are submitted to the same penalties and the latter can be prosecuted even if the author of crime is not prosecuted^37(*).

Complicity requires the existence of punishable principle, act there will never be the complicity without that act^38(*). Indeed, the accomplice is considered as such and liable when and where the offence aided, abetted, or procured once is committed^39(*).

I.1.2.3. co author

Coauthors are those who are on the crime scene; accomplices are those behind the scenes. Those involved in the offense are co-authors; those who have given some means of offense are only accomplices^40(*). There may be two or more principals, joint principals, in the same crime; therefore, there may be more than one cause of an actus reus and more than one causer, they are coauthors^41(*).

* ³³ Penal code Op.Cit., art .90

* ³⁴ P. Canin, Op. Cit., p.96,

* ³⁵R. BERNARDINI, Op. Cit., P.439

* ³⁶ Penal code, Op. Cit., Art. 91

* ³⁷ Id., art. 89

* ³⁸ PATRICK Cannin

* ³⁹ D. Ormerod, SMITH AND HOGAN. Criminal law, 11^th ed., US Oxford university press, Inc., New York, 2005, p.169

* ⁴⁰M.Georges Brière de l'Isle, Op. Cit., p.224

* ⁴¹ D. Ormerod, Op.Citp., 16