Legal Definitions - de consilio

de consilio refers to the act of providing advice or counsel that facilitates or encourages the commission of a crime. It signifies a form of complicity where an individual contributes to a criminal act not by direct participation, but by offering strategic guidance, suggestions, or encouragement that aids in its planning or execution.

Here are some examples to illustrate this concept:

• A disgruntled former employee, aware of the company's outdated security protocols, tells an acquaintance exactly which server room door is often left unlocked and how to disable the specific alarm system for that area, knowing the acquaintance intends to steal valuable data.

  Explanation: The former employee's detailed instructions on bypassing security constitute de consilio because they provided specific advice that directly aided in the planning and execution of the data theft, even if they did not physically participate in the break-in.

• During a casual conversation, a friend suggests to another, who is struggling financially, a specific, complex scheme to falsify income documents to secure a fraudulent loan, even outlining the steps to make it appear legitimate.

  Explanation: The friend's suggestion and detailed outline of the fraudulent loan scheme demonstrate de consilio. They offered counsel that directly facilitated the planning of a criminal act (loan fraud), even if they didn't participate in filling out the forms themselves.

• A gang leader, planning a retaliatory attack, instructs a subordinate on the best route to take to avoid surveillance cameras, which specific tools to use to force entry, and the optimal time of day when the target would be most vulnerable.

  Explanation: The gang leader's instructions regarding routes, tools, and timing are examples of de consilio. This advice directly contributes to the planning and successful execution of the criminal act (the attack) by providing strategic guidance to the perpetrator.