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Egypt > Criminal law

(1) principal Participation المساهمة الأصلية:

We can say that there is a participation in crime when two or more persons are jointly concerned in the commission of an offence. Participation must be built upon common intention قصد مشترك. And there must be a unity of offence as well.

• 1 The liability of the accessory الشريك arises from the connection of his act with an offence committed by the principal الفاعل الأصلي.

• 2 There can be no accessory liability of an offence, unless an offence has actually been committed.
• 3 The criminal liability of the accessory is subjected not by the act of the accessory, but by that of the principal.
• 4 If there is no such offence, there cannot be accessory liability.
• 5 Consensus الاجماع or Meeting of Minds: This is not a participation of crime and there is neither a form of principals nor accessories. This is because the doer's minds met on committing a crime. Each of them will be accountable for the crime individually.
• 6 Who can be principals?

The following are the persons who are concerned as principals:

• • 1 Those who commit such offence, whether alone or in conjunction with others, or
  • 2 Those who knowingly participates in the offence by doing one or more acts.

• All these persons are principals whose participation was necessary for the execution of the offence. E.g.: (Z and E agree to murder P, while P is driving, E stops his car while Z shoots him). Both are principals in the murder, though the act was committed by Z alone.

• An act to be regarded as act of a principal should be at least a commencement of execution of the offence.

(2) Secondary Participation المساهمة التبعية:

• 1 Necessary Elements of Secondary Participation:
  • 1 Actus Reus أفعال/أنواع الشريك: A person is concerned as an accessory in commission of an offence:-
    • 1 Who abets يحرض علي the offence, or
    • 2 Who is a party to a counsel includes the commission of the offence. Or
    • 3 Who knowingly supplies weapons or other means of commission the offence.
  • 2 Mens Rea القصد الجنائي:

The accessory (abetment, counseling or aid) shall intend the crime.

• 2 Participation in Unintentional الغير عمدية Crimes:

1) It is impossible to accessories to commit unintentional crimes, but it may be possible in negligent crimes which resulting damage.

• 3 Conviction إدانة of Accessory and Acquittal تبرئة of Principal:

It may indeed be accessory, when the assistance rendered at the time of commission. As a rule, accessory assistance is given before, the offence is committed. Thus, it is impossible to classify the acts which may make a person liable as accessory. And this is why the accessory usually falls.

• 4 Subsequent اللاحقة Acts of the Accessory:

Persons who have assisted the offender after the commission of the offence are not accessories. Although their acts may constitute substantive حقيقي offences, such as those who assist escape or receive stolen goods.

• 5 The Foreseeable الاحتمالية Crime:

It is laid down in the article 43 of the penal code that a participant is responsible for the natural and probable consequences of his acts, that may form another foreseen crime, and he shall be held liable for the latter crime. It is presumed that the accessory had a criminal intent for the concerned crime as well as for the consequences thereof. E.g.: if E describes P to Z and abets him to murder P, E will be accessory to the murder of (say) H whom Z murders under the impression that he is P. Again, if several persons armed with weapons attack another with intent to rob يسرق, and one of them kills the victim in execution of the common purpose, the others will be liable for the homicide.

• 6 The Effects of Circumstances Related to the Principal and Accessory:

Article 41 provides that, an accessory to an offence shall be punishable by the penalty prescribed by law for the offence, except in cases where the law specially provides. Nevertheless ومع ذلك :

• • 1 The effects of personal circumstances to the principal, shall not extend to an accessory who had no knowledge of such circumstances, and
  • 2 When the character of the offence varies according to the knowledge or intent, an accessory shall be punished by the new incurred penalty.

• The general principle followed in allotting تخصيص punishment to an accessory is that the legal liability of the accessory is the same as that incurred by يجلبه/يتسببه the principal. The Court's discretionary التقديرية powers enable it to make such distinction in the punishment as the circumstances demand