| 单词 | Complicity |
| 释义 | 同謀關係 A person whose conduct or omission amounts to a crime and who has the relevant mens rea for that crime, is liable to be convicted if he was a perpetrator of that crime or if he assists in the perpetration of that crime, in some capacity, or assists or encourages the perpetration of that crime before its commission. A person who assists a person who has committed a crime, after the crime has been committed, is not generally liable for the crime itself, but such a person may be liable for the offence of assisting an offender contrary to the Criminal Procedure Ordinance (Cap 221) s 90. It is open to the prosecution to present its case that the accused was either a principal in the first degree or a principal in the second degree and, provided the jury are satisfied that the accused had the relevant mens rea and the accused either committed the act or encouraged it, they may convict: R v Giannetto [1997] 1 Cr App Rep 1 (CA). See also Accomplice; Accessory after the fact; Accessory before the fact; Aid and abet; Principal in the first degree; Principal in the second degree. 人其行為或不作為相當於罪行，而又具有適用於該罪行的犯罪意圖，如果他是干犯該罪行的人，或以某種身分協助犯罪，或在罪行被干犯前協助或鼓勵犯罪，則可被判罪。在罪行被干犯後協助干犯該罪行的人，一般不需對罪行本身負責，但可判《違反刑事訴訟程序條例》（法例第221章）第90條協助罪犯。控方須陳情說明被控人是一級主犯，或二級主犯，只要陪審團信納被控人具有適用於該罪行的犯罪意圖，而被控人或是干犯該罪行，或是鼓勵他人干犯該罪行，則可將被控人定罪：R v Giannetto [1997] 1 Cr App Rep 1 （英國上訴法院）。另見 Accomplice; Accessory after the fact; Accessory before the fact; Aid and abet; Principal in the first degree; Principal in the second degree。 n. |
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