What is the Difference Between Conspiracy and Complicity?

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The main difference between conspiracy and complicity lies in the level of involvement of a person in a criminal act.

Conspiracy refers to an agreement between two or more people to commit a crime, engage in illegal activity to achieve a legal end, or deprive someone else of their legal rights. A conspiracy charge means the accused actively engaged in planning a crime, even if the crime was not completed. Conspiracy is considered a separate crime, and a conviction is appropriate once the elements of the crime are met, even if the target crime is not committed.

Complicity, on the other hand, involves a person giving help or counsel in some form to aid someone else in carrying out a crime. A complicit person is aware of a crime that is happening or going to happen but does not report it to the relevant authorities. Complicity is not a crime in itself but is a way of committing a crime.

In summary:

  • Conspiracy involves active planning and agreement to commit a crime.
  • Complicity involves aiding or giving help to someone else in carrying out a crime.

Comparative Table: Conspiracy vs Complicity

Here is a table illustrating the differences between conspiracy and complicity:

Feature Conspiracy Complicity
Definition An agreement between two or more people to commit a crime or accomplish a legal act through unlawful means. A person actively assists in a crime or is aware of a crime but does not report it.
Involvement Active planning and collaboration in secret. Knowledge of a crime and lack of action to prevent or report it.
Culpability Guilty minds of at least two people required. Responsibility for another's crime based on one's own culpability.
Legal Status Conspiracy is a crime in itself. Accomplice liability is a method of holding someone liable for another's crime.

In summary, conspiracy involves active planning and collaboration in secret between two or more people to commit a crime or accomplish a legal act through unlawful means. On the other hand, complicity involves a person actively assisting in a crime or being aware of a crime but not taking action to prevent or report it. Conspiracy is a crime in itself, while complicity is a method of holding someone liable for another's crime.