Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Accessory
Something of secondary or subordinate importance. 2. A person who aids or contributes in the commission of a crime. & An accessory is usu. liable only if the crime is a felony. - accessory, adj. - accessoryship, n. Cf. PRINCIPAL (2)"In most jurisdictions, the common-law distinctions between principals and accessories have largely been abolished, although the pertinent statutes vary in form and substance. Conceptually, the common-law pattern remains the same: The person who aids, abets, commands, counsels, or otherwise encourages another to commit a crime is still regarded as a party to the underlying crime as at common law, even though the labels principal in the first degree, principal in the second degree, and accessory before the fact are no longer used, and even though it usually does not matter whether the aider and abettor is or is not present at the scene of the crime." 1 Charles E. Torcia, Wharton's Criminal Law § 35, at 202-03 (15th ed. 1993).
Accessoryship
The status or fact of beinan accessory. - Also termed (loosely) accession.
accessory after the fact
An accessory who knows that a crime has been committed and who helps the offender try to escape arrest or punishment. 0 The liability of such an accessory is still treated separately under most penal statutes. There are four requirements: (1) someone else must have committed a felony, and it must have been completed before the accessory's act; (2) the accessory must not be guilty as a principal; (3) the accessory must personally help the principal try to avoid the consequences of the felony; and (4) the accessory's assistance must be rendered with guilty knowledge. - Sometimes shortened to accessory after ."At common law, an accessory after the fact is one who, knowing that a felony has been committed by another, receives, relieves, comforts, or assists the felon, or in any manner aids him to escape arrest or punishment. To be guilty as an accessory after the fact one must have known that a completed felony was committed, and that the person aided was the guilty party. The mere presence of the defendant at the scene of the crime will not preclude a conviction as an accessory after the fact, where the evidence shows the defendant became involved in the crime after its commission." 21 Am. Jur. 2d Criminal Law § 209, at 275-76 (1998).
accessory at the fact
See principal in the second degree under PRINCIPAL (2)."A principal in the second degree is one by whom the actual perpetrator of the felony is aided and abetted at the very time when it is committed; for instance, a carowner sitting beside the chauffeur who kills someone by over-fast driving, or a passenger on a clandestine joyriding expedition which results in manslaughter; or a bigamist's second 'wife', if she knows he is committing bigamy. (In early law he was not ranked as a principal at all, but only as a third kind of accessory - the accessory at the fact.)" J.W. Cecil Turner, Kenny's Outlines of Criminal Law 86 (16th ed. 1952).
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. 0 Most jurisdictions have abolished this category of accessory and instead treat such an offender as an accomplice. - Sometimes shortened to accessory before. See ACCOMPLICE. "An accessory before the fact is a person who procures or advises one or more of the principals to commit the telony. This definition reqmr- from him an uisti~.~tu,i. so active that a person who is merely shown to have acted as the stake-holder for a prize-fight, which ended fatally, would not be punishable as an accessory. The fact that a crime has been committed in a manner different trmn the mode which the accessory had advised will not excuse hini from liability for it. Accordingly if A hires B to poison C, but B instead kills C by shooting him, A is none the less liable as accessory before the fact to C's murder. But a man who has counselled a crime does not become liable as accessory if, instead of any form of the crime suggested, an entirely different offence is committed." J.W. Cecil Turner, Kenny's Outlines of Criminal Law 88 (16th ed. 1952).
accessory contrac
A contract entered into primarily for the purpose of carrying out a principal contract. ( The principal types are suretyship, indemnity, pledge, warranty, and ratification. Cf. principal contract.
accessory contract.
See CONTRACT. accessory obligation. See OBLIGATION. accessory right. See RIGHT.
accessory obligation.
An obligation that is incidental to another obligation. ( For example, a mortgage to secure payment of a bond is an accessory obligation. The primary obligation is to pay the bond itself. Cf. primary obligation (1).
accessory right.
A supplementary right that has been added to the main right that is vested in the same owner. ( For example, the right in a security is accessory to the right that is secured; a servitude is accessory to the ownership of the land for whose benefit the servitude exists. Cf. principal right.
accessory use
Zoning. A use that is dependent on or pertains to a main use.