Legal Definitions - concursus in delicto

Concursus in delicto refers to the legal concept of cooperation in crime. It describes a situation where two or more individuals work together, either directly or indirectly, to commit a criminal offense. This term emphasizes the shared intent and combined actions that lead to the commission of a crime.

Here are some examples to illustrate this concept:

• Example 1: Organized Retail Theft

  Imagine two individuals, Clara and David, planning to steal high-value electronics from a department store. Clara distracts a sales associate by asking numerous questions in one aisle, while David, taking advantage of the distraction, quickly places several items into a concealed bag and walks out of the store. They later meet up to sell the stolen goods.

  How it illustrates the term: Clara and David are engaged in concursus in delicto because they intentionally cooperated in the criminal act of theft. Clara's role in distracting the staff was crucial to David's ability to commit the actual taking, demonstrating their shared purpose and combined effort to achieve the criminal outcome.

• Example 2: Online Fraud Scheme

  A group of three individuals, Emily, Frank, and Grace, collaborate on an online phishing scam. Emily designs the fake website that mimics a legitimate bank, Frank sends out mass emails to potential victims, and Grace manages the bank accounts where the stolen funds are deposited. Each person performs their specific task to ensure the scam's success.

  How it illustrates the term: Emily, Frank, and Grace are all involved in concursus in delicto. Their individual actions—website design, email distribution, and fund management—are distinct but are all integral parts of a larger, coordinated criminal enterprise to commit fraud. Their cooperation is essential to the scheme's operation.

• Example 3: Arson

  Two former business partners, Henry and Irene, decide to burn down their failing restaurant to collect insurance money. Henry purchases the accelerant and sets the fire, while Irene, who has the keys, ensures the building is unlocked and provides Henry with an alibi for the time of the fire.

  How it illustrates the term: Henry and Irene are acting in concursus in delicto. While Henry physically sets the fire, Irene's actions of providing access and a false alibi are direct forms of cooperation that facilitate the crime of arson and the subsequent insurance fraud. Their combined efforts demonstrate a clear intent to commit the criminal act together.