What is the difference between an Accomplice & Facilitator?

The major difference between an accomplice and facilitator is a crucial concept in the criminal justice system and both involves in providing the assistance and support to a perpetrator, the main difference lie in their level of knowledge, intent and involvement in the crime. An accomplice a person who knowingly and intentionally helps or supports the commission of a crime, sharing in the criminal intent and often facing similar charges as the main perpetrator. While the facilitator is a person who provides support, resources or services that enable the commission of a crime but he does not necessarily have knowledge or intent to commit the crime. The term accomplice may not directly be involved in the crime but the action of accomplice can contribute in the fulfillment of a crime. The facilitator may not share the same level of culpability as accomplices, but can still face charges or penalties for their role in the crime.

To understand the major difference between these two concepts is essential for accurate charging, prosecution and sentencing. It also highlights the complexities of criminal liability and the need for careful consideration of an individual’s actions and motivations.  This introduction sets the stage to explore the deeper difference between accomplice and facilitators, examining the legal framework, case studies and implications for criminal justice system. By clarifying these concepts, we can better navigate the gray areas of criminal law and ensure fair treatment for all under the law.

What is an Accomplice?

The term accomplice commonly called as the aiders and abettors are more interconnected to the crime itself and therefore subject to harsher penalties. An accomplice is the liable of same penalty as the principle.

In criminal law, the term complicity is the act of helping, encouraging or soliciting another person to commit a crime. Common law refers to this as an aiding or abetting. The person who is complicit in committing criminal act is an accomplice. Although an accomplice does not commit the crime, but their actions aids someone in committing the crime. An accomplice cannot be penalized the more charges than the primary perpetrator.

Elements of Accomplice Liability:

To charge an accomplice, the prosecutor must prove that an individual had the all the essential elements to commit a crime like Actus Reus and Mens Rea. It is the duty of the prosecution to prove that the accomplice had the common criminal intention and encouraged someone else during the commission of a crime.

In few cases, the prosecutor must prove following three necessary elements to convict an accomplice of being an aider or abettor.

1. Another individual committed the crime
2. The defendant aided, counseled, commended, or encouraged the other person in the course of the crime
3. The defendant acted with the requisite mental state in their jurisdiction

Examples of complicity with a Criminal Offense:

The following are the few examples from which we can illustrate that how a person may be an accomplice to a criminal act.

1. The person serving the gateway driver in a bank robbery
2. Turning off the alarm system of any store
3. Giving handgun to someone on loan who they know as planning to commit a crime
4. Directing the person or vehicle to a dead-end street where they know an armed carjacker is waiting to loot

An accomplice can stop a crime before its commitment by giving information to the law enforcement agencies or making a good-faith effort to prevent the adherence of a crime.

Facilitation:

The term facilitation is defined as an act of assisting or providing resources to facilitate the commission of a crime. In criminal law the facilitation is that, the act of making it easier for someone else to commit the illegal offense. This support or help is not just taking the part in a crime directly but providing material, information or tools that make crime happen.

Different Forms of Facilitation:

There are various forms of facilitation in criminal justice system. An individual might provide a false identity or counterfeit documents, allowing a criminal to evade detection. They might help in money-laundering, in hiding illegal gains of crime. Sometimes facilitation involves providing safe house to place to criminal or simple as offering knowledge about a potential target or giving advice on how to commit a crime. All these terms are come under the term facilitation because they ease the way for a criminal to carry out illegal acts or to commit the crime.

Also read What would happen if you kill a person while driving?

The Role of Intent:

To understand the role of intent in facilitation is crucial. If a person knowingly and willingly helps in a crime, their actions may be considered facilitation and if the person is unaware of their actions, they may not be liable under the law but depending on the jurisdiction.

Legal Consequences of Facilitation:

The legal consequence of facilitator can vary widely, in some cases, a facilitator might be held just as responsible as the person who committed the crime and charges similar punishments. This reflects the idea that without the support of facilitator, the crime might not have completed. In some other consequences, the facilitator might be penalized with a separate crime, such as aiding and abetting with its own set of penalties. This kind of charge acknowledges the facilitator’s role in the crime but also recognizes that they did not directly carry out the criminal act.

Some Famous Case Laws:

1. Civil Petition No. 2243-Lof 2019, The Supreme Court of Pakistan (Appellate Jurisdiction)
2. Complaint No.1 of 2013 in the Special Court, Islamabad
3. Criminal Jail Appeal No. 121 of 2015 in the High Court of Sindh at Karachi
4. Criminal Petition No. 105-K 0f 2020 in The Supreme Court of Pakistan
5. Muhammad Iqbal vs The State (PLD 1985 SC 134)
6. Abdul Razzaq vs The State (PLD 1992 SC 101)
7. Muhammad Ashraf vs The State (PLD 2004 SC 425)
8. Muhammad Anwar vs The State (PLD 1987 Lahore 366)
9. Muhammad Ilyas vs The State (PLD1995 Karachi 315)
10. Muhammad Afzal vs The State (PLD 2013 Islamabad 1010