Conspiracy, concealment and aiding and abetting the perpetrator are distinct concepts in criminal law, even if they may occur in connection with the same principal act. The classification depends on the concrete conduct, the moment it occurred, what the person knew and the purpose pursued. The relevant regulations can be found in Articles 48, 49, 269 and 270 of the Criminal Code. Criminal Code.
What does complicity mean?
According to Article 48, paragraph (1) of the Criminal Code, an accomplice is a person who, with intent, facilitates or assists in any way in the commission of an act stipulated by criminal law. The analysis of the accusation depends on what help was given, when it was given, and whether it was offered with the intention of supporting the commission of the act.
The law also provides for an express situation: the accomplice is the person who promises, before or during the commission of the act, that he will conceal the assets derived from it or will favor the perpetrator, even if the promise is not subsequently fulfilled. The text refers to the promise made during that period; mere assistance granted after the act does not automatically constitute complicity in this form.
When can it be about secrecy?
Article 270 of the Criminal Code refers to the receipt, acquisition, transformation or facilitation of the exploitation of an asset, when the person knew or expected, based on the concrete circumstances, that the asset originated from the commission of an act stipulated by criminal law. In practice, the nature of the asset, the explanations regarding its origin, the conditions of the transaction, the relationship between the involved parties and the other proven circumstances are analyzed. No single piece of evidence replaces the evaluation of the entire body of evidence.
What does favoring the perpetrator entail?
Article 269 of the Criminal Code criminalizes the assistance given to the perpetrator with the aim of hindering or complicating the investigations in a criminal case, the bringing to criminal liability or the execution of a sentence or measures involving deprivation of liberty. The purpose provided for by law must be analyzed together with the act of assistance and with the evidence regarding the intention. The law stipulates that the favor granted by a family member is not punishable, under the conditions of paragraph (3).
Why does the moment and the intention matter?
The moment of conduct is important, but it does not by itself resolve the legal framework. A previous or concurrent promise to conceal assets or to favor someone may fall under Article 48, paragraph (2). The receipt or subsequent exploitation of an asset may raise the issue of concealment, and the help given to prevent investigations or to bring those responsible to justice may raise the issue of favoritism. The conclusion depends on the elements of each offense and the evidence presented.
In a specific case, messages, calls, documents regarding property, their route, statements and the sequence of events may be relevant. These evidence must be analyzed in context, including to determine whether a promise existed and what the person knew at the time of the conduct. Article 49 of the Criminal Code sets out the rules for sanctioning participants in intentional crimes and requires that each person’s contribution to the commission of the act be taken into account.
For a related analysis, you can also consult our article about Intention and help in the case of complicity. The correct classification is determined based on the facts and evidence, not just by the label used in the indictment.
