1. An accomplice or accessory. See ACCESSORY. Pl. participes criminis (pahr-tis-[schwa]-peez). [Cases: Criminal Law 59, 68. C.J.S. Criminal Law §§ 127, 137, 998.]
“The courts of justice will allow the objection that the consideration of the contract was immoral or illegal to be made even by the guilty party to the contract, for the allowance is not for the sake of the party who raises the objection, but is grounded on general principles of policy. A particeps criminis has been held to be entitled, in equity, on his own application to relief against his own contract, when the contract was illegal, or against the policy of the law, and relief became necessary to prevent injury to others.” 2 James Kent, Commentaries on American Law *467 (George Comstock ed., 11th ed. 1866).
“Even in felonies but little practical importance now attaches to the distinctions between the first three of these four classes of ‘accomplices’ — a term which the law applies to all the participes criminis, whatever their degree of ‘complicity’ in the offence, though popular use generally limits it to those who take only a minor part. For the maximum punishment prescribed for any given crime is the same in the case of all three classes.” J.W. Cecil Turner, Kenny’s Outlines of Criminal Law 90 (16th ed. 1952).
2. The doctrine that one participant in an unlawful activity cannot recover in a civil action against another participant in the activity. • This is a civil doctrine only, having nothing to do with criminal responsibility. Cf. IN PARI DELICTO DOCTRINE. [Cases: Contracts 138. C.J.S. Contracts §§ 280, 286.]
