The criminal Code provides that an accomplice is the person who knowingly, through aid or assistance, has facilitated the preparation or the consumption of a delict or a crime. The complicity is therefore defined as the participation in the commission of an offence to the sides of the main author, without running the same acts than the latter. The accomplice, however, aware of taking part in a criminal act or to facilitate the achievement. He incurs the same penalties as the principal author. Note: collusion can not be accepted for breaches of the Code of the road.
1. The complicity of a crime, road is not a view of the mind. As a passenger, you may well be qualified to accomplice with let a person alcoholic to take the wheel or that you know that it does not or no longer the driving licence.
2. But the concept of complicity in criminal law, road traffic has been held by the courts to be fairly isolated. There are convictions in the matter of driving without a license or driving under the empire of a state alcohol content. The supreme Court has notably upheld the concept of complicity in respect of a person for acts of manslaughter and complicity of driving a vehicle without a license.
3. The High Court needed to convict that it be shown that the accomplice has committed a positive act, including having acted voluntarily (delivery of keys, installation on the steering wheel of the drunk person, for example).
4. In all cases, the courts must determine the degree of knowledge of the drunkenness of the driver by the accomplice and to his knowledge, or his awareness that the principal perpetrator was to take over the wheel of his vehicle.
5. To this day, the complicity has not been accepted for acts of omission or impediment. Therefore, it is not yet characterized by the attitude of “laissez faire”.