Legal Definitions - ope et consilio

Ope et consilio is a Latin legal phrase that translates to "by aid and counsel." It describes the involvement of an individual who contributes to a crime not by directly committing the principal act, but by providing assistance or advice to the person who does. This concept is analogous to what is known as "aiding and abetting" in common law systems, where someone helps, encourages, or facilitates another to commit an offense. It signifies a level of complicity where an individual's actions or advice are instrumental in enabling the commission of a wrongful act.

Here are some examples illustrating how "ope et consilio" applies:

• Example 1: Providing Tools for a Break-in

  Imagine a scenario where Alex tells his friend Ben that he plans to break into a vacant warehouse to steal copper wiring. Ben, knowing Alex's intention, lends Alex a powerful set of bolt cutters and a large sack, advising him on the best time to avoid security patrols. Even if Ben is not present at the warehouse during the break-in, his actions of providing the tools (aid) and strategic advice (counsel) would constitute "ope et consilio," making him complicit in the theft.

• Example 2: Advising on a Fraudulent Scheme

  Consider a financial consultant, Clara, who advises her client, David, on how to create a series of shell companies and falsify invoices to illegally divert funds from a legitimate business venture. Clara provides detailed instructions on the legal loopholes to exploit and the specific documents to forge. David then executes the plan, successfully defrauding investors. Clara's expert guidance and specific instructions represent "counsel" and "aid" that enabled the fraud, even though she didn't directly handle the fraudulent transactions herself.

• Example 3: Acting as a Lookout During a Vandalism Act

  Suppose Emily and Frank decide to spray-paint graffiti on a public monument. Emily stands at a street corner a block away, watching for police or other authorities, and signals Frank with a pre-arranged whistle when the coast is clear or if danger approaches. Frank then proceeds to deface the monument. Emily's role as a lookout, providing warnings and ensuring Frank's ability to complete the act without immediate detection, demonstrates "ope et consilio" because her "aid" (watching out) and implicit "counsel" (facilitating the act by ensuring safety) were crucial to the commission of the vandalism.