Maxim 4.4.12
No one is called an accessory after the fact but he who knew the principal to have committed a felony and received and comforted him.
Nullus dicitur accessorius post feloniam, sed ille qui novit principalem feloniam fecisse et illum receptavit et comfortavit.
Source: 3 Inst. 138; Jackson; Weisman, 26g
Difficulty 2/5 — Approachable
Explanation
Accessory-after-the-fact liability requires both knowledge of the felony and an affirmative act of harboring or aiding the felon — mere passive knowledge is not enough.
Where this applies
- Someone helps a criminal hide after the crime and is charged as an accessory.
- A person harbors a fugitive knowing they committed a crime.
Legal domains
Cite this maxim
NeCede Max. 4.4.12 — No one is called an accessory after the fact but he who knew the principal to have committed a felony and received and comforted him. — 3 Inst. 138; Jackson; Weisman, 26g (Nullus dicitur accessorius post feloniam, sed ille qui novit principalem feloniam fecisse et illum receptavit et comfortavit.)
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