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 A crime perpetrator and an accomplice in the crime

The criminal act in Egypt determine the rules which are showing the different between the perpetrator of crime and the accomplice, also this rule has shown the…

The criminal act in Egypt determine the rules which are showing the different between the perpetrator of crime and the accomplice, also this rule has shown the different legal position according to law which based on that legal description.

We will show these rules in the following: 
The following shall be considered a crime perpetrator:

First: A person who commits the crime, alone or in complicity with others.

Second: A person who joins in committing the crime, if it consists of several deeds and he premeditatedly does one of the acts forming the crime. However, if certain conditions concerning one of the doers exist to necessitate changing the description of the crime or penalty in relation to him, their effect shall not extend to the other doers. The same shall apply if the description changes in terms of the crime doer’s intention or the manner he learns of the crime.

The following shall he considered an accomplice in the crime:

First: Any person who instigates to perpetrating, the deed constituting the crime, if that deed takes place on the basis of that instigation.

Second: A person who agrees with another on perpetrating the crime and the crime takes place on the basis of such agreement.

Third: A person who gives the doer(s) an arm, device, or any other object that has been used in committing the crime while being aware of it, or helps them by any way, in the deeds preparing for, causing or completing its commitment.

A person who participates in committing a crime shall bear its penalty, saving that which is legally excepted by a special provision. However:

First: The special conditions of the doer which necessitate changing the description of the crime shall not affect the accomplice if the latter is not aware of such conditions.

Second: If the description of the crime changes in view of the doer’s intention or the way he learns of it, the accomplice shall receive the penalty he deserves if the doer’s intention from the crime or his knowledge of it is same as the accomplice’s intention or knowledge of the crime.

If the doer of the crime is not subject to punishment for a cause of permissiveness, the nonexistence of the criminal cause, or for other conditions related to him/her, the accomplice shall however receive the penalty as legally prescribed therefor.

A person who joins in committing a crime shall receive its punishment, even if it is not the one he premeditated to commit, once the crime that is actually committed has been a potential result of instigation, agreement, or the assistance taking place.

If the same judgment is passed against several defendants for the same crime, whether they are doers or accomplices, the fines shall be ruled against each of them separately. This is contrary to the relative fines as the defendants shall bear them jointly unless otherwise prescribed in the court ruling.

Whoever hides stolen objects, or objects obtained through a committed felony or misdemeanor, while being aware of it, shall be punished with penal servitude for a period not exceeding two years.

If the offender is aware that the objects he hides are obtained from a crime for which a stricter penalty is imposed, he shall be punished with the penalty prescribed for this crime.

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