Legal Definitions - apertum factum

apertum factum

This Latin term translates to an overt act. In legal contexts, an overt act refers to a clear, observable action taken by an individual that demonstrates their intent or is a step towards the commission of a crime or the fulfillment of a plan. It is more than just a thought, a discussion, or a preparation; it is a physical manifestation or a concrete step that moves a plan or intent into the realm of action.

• Example 1: Conspiracy to Commit Fraud

  Imagine two business partners, Alex and Ben, agree to create a fraudulent scheme to inflate their company's earnings and deceive investors. The mere agreement between them might not be enough to prove a conspiracy in some jurisdictions. However, if Alex then creates a series of fake invoices and Ben uses these invoices to prepare false financial statements for a public filing, these actions constitute an apertum factum.

  These specific actions—creating fake invoices and using them in official documents—are clear, observable steps taken by Alex and Ben to carry out their fraudulent plan, moving beyond a simple agreement into concrete execution.

• Example 2: Attempted Burglary

  Consider a situation where Sarah intends to break into a jewelry store after hours to steal diamonds. She drives to the store late at night, parks her car a block away, puts on dark clothing and gloves, and approaches the back door with a crowbar in her hand. Before she can pry open the door, a security guard spots her and she is apprehended.

  Sarah's actions of driving to the store, wearing specific attire, carrying a tool, and approaching the door with the intent to break in are all observable steps that go beyond mere preparation. They are concrete apertum factum demonstrating her intent to commit burglary, even though she did not succeed in entering the store.