Legal Definitions - art and part

The legal term art and part refers to the act of being involved in, assisting, or contributing to the commission of a crime. It signifies that an individual has played a role in a criminal act, even if they were not the primary person who directly carried it out.

In legal systems, particularly Scots law, the concept of "art and part" means that all participants in a crime can be held responsible, regardless of their specific role. This includes those who plan, advise, facilitate, or provide support for a criminal act, not just those who perform the main deed. It emphasizes that involvement in any significant capacity can lead to criminal liability.

• Example 1: The Getaway Driver

  Scenario: Alex agrees to drive his friend, Ben, to a convenience store, knowing Ben intends to rob it. Alex waits in the car with the engine running, ready to speed away once Ben returns with the stolen money.

  Explanation: Alex did not physically enter the store or take any money, but his role as the getaway driver was crucial to the success of the robbery. By providing the means of escape, his actions make him "art and part" in the crime.

• Example 2: The Information Provider

  Scenario: A disgruntled former employee, Clara, provides detailed security codes and a floor plan of her old company's server room to a group planning to steal sensitive data. She does not participate in the actual break-in or data theft.

  Explanation: Clara's actions of supplying critical information directly enabled and facilitated the commission of the crime. Even though she wasn't physically present during the data theft, her contribution makes her "art and part" in the offense.

• Example 3: The Concealer of Evidence

  Scenario: After a violent altercation, David's friend, Emily, asks him to hide the weapon used in the fight. David takes the weapon and buries it in his backyard, knowing it was used in a crime.

  Explanation: David did not participate in the initial altercation, but by concealing the weapon, he actively assisted Emily in obstructing justice and hindering the police investigation. His actions make him "art and part" in the subsequent criminal act of attempting to hide evidence.