Legal Definitions - conjuratio

Conjuratio refers to a formal agreement or a secret plot, typically involving multiple individuals who bind themselves together, often by an oath or solemn promise, to achieve a common purpose. In a legal context, this term frequently implies a conspiracy or a concerted effort to commit an unlawful act or to subvert authority.

• Example 1: Corporate Embezzlement Scheme

  Imagine a situation where a company's Chief Financial Officer (CFO) and two senior accountants secretly meet and agree to divert company funds into their personal offshore accounts over several months. They shake hands and promise to keep their arrangement confidential, destroy any incriminating evidence, and share the illicit gains equally. This mutual understanding forms a binding, albeit illegal, pact.

  This illustrates conjuratio because it involves multiple individuals forming a secret, formal agreement (a pact or conspiracy) to achieve a specific, unlawful objective—embezzling company funds. The shared commitment to secrecy and the illicit goal signifies their binding understanding.

• Example 2: Election Interference Plot

  Consider a group of political operatives from opposing campaigns who, despite their public rivalry, secretly meet and agree to spread false information about a third, independent candidate to damage their reputation and chances of winning. They pledge to coordinate their efforts, using different media channels, and to deny any collaboration if questioned. Their shared goal is to manipulate the election outcome through deceit.

  Here, conjuratio is evident in the group's concerted and agreed-upon plan to engage in unlawful or unethical activities to achieve a political goal. The mutual pledge to coordinate and maintain secrecy highlights their binding commitment to the shared, subversive purpose.

• Example 3: Organized Retail Theft Ring

  A leader of a sophisticated retail theft ring gathers several new recruits. During a meeting, each recruit is required to swear an oath of loyalty to the organization and promise to participate in planned shoplifting operations, follow specific instructions for fencing stolen goods, and never cooperate with law enforcement. This oath formally integrates them into the criminal enterprise and binds them to its illicit activities.

  This is a clear example of conjuratio because it involves individuals formally binding themselves together through an explicit oath to participate in and uphold a criminal enterprise. The oath signifies a sworn agreement to a common, unlawful purpose, in this case, organized theft.