5.2 Accessory After the Fact is a crime defined under the Criminal Code of Canada. It is an offense where a person assists or helps someone who has already committed a crime; even if the person had no prior knowledge of the crime. It is a form of criminal liability in which the accessory participates in the crime after the fact by helping the offender to conceal or cover up the offense. This includes helping the offender to evade justice, such as by helping the offender to hide or flee the scene of the crime. There are two types of accessory after the fact: 1. An Accessory After the Fact to an indictable offense: This is a person who assists or helps someone who has already committed an indictable offense, such as murder or robbery. 2. An Accessory After the Fact to a summary conviction offense: This is a person who assists or helps someone who has already committed a summary conviction offense, such as a minor theft.
5.2 Accessory After the Fact
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FAQ
Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact.
An accessory before the fact is defined as someone who ?counsels, hires or otherwise procures a felony to be committed.? An accessory after the fact is defines as someone who, after the commission of the felony, ?harbors, conceals, maintains, or assists the principal felon.? As the names of the crimes suggest, one is
For example, if a person provides a gun to someone who uses it to commit a murder, the person who provided it can be charged with murder as an accessory.
An accessory-after-the-fact is someone who assists 1) someone who has committed a crime, 2) after the person has committed the crime, 3) with knowledge that the person committed the crime, and 4) with the intent to help the person avoid arrest or punishment.
Examples of an accessory after the fact include: intentionally misleading or lying to police, giving a false alibi for another person, helping another person hide evidence, and destroying evidence related to a crime.
Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact.
Common examples of being an accessory before the fact include: serving as a lookout, keeping an engine running in a car, and. supplying the tools necessary for the commission of a criminal offense.