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The Peter A. Allard School of Law
Complicity; aiding and abetting; accessorial liability; criminal theory; international criminal law; responsibility
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Complicity, James G. Stewart
Complicity, James G. Stewart
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Complicity is responsibility for helping. This essay provides a comparative overview of the criminal law and theory pertaining to complicity. Instead of taking a strong prescriptive position on the best way to construct accomplice liability, it charts a series of recurrent normative problems in this area and points to various solutions these problems have generated in practice. The essay begins by considering structural questions that inform the shape accomplice liability is given in different criminal systems, then discusses the conduct required to establish accomplice liability, before plotting the various static and dynamic mental elements that are frequently allocated to the …