accessory before the fact

An accessory who assists or encourages another to commit a crime but who is not present when the offense is actually committed.

• Most jurisdictions have abolished this category of accessory and instead treat such an offender as an accomplice. — Sometimes shortened to accessory before. See ACCOMPLICE. [Cases: Criminal Law 68, 81. C.J.S. Criminal Law §§ 137, 146–147.]


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