Legal Definitions - particeps criminis

The Latin term particeps criminis translates to "partner in crime." It refers to an individual who participates in an unlawful act, whether that act is criminal or civil in nature.

The concept of particeps criminis has two primary applications:

• In Criminal Law: A particeps criminis is an individual involved in the commission of a crime, often referred to as an accomplice or accessory. This term encompasses anyone who contributes to an offense, regardless of whether they were the primary perpetrator or played a more minor role. The law generally treats all such participants similarly in terms of criminal responsibility for the offense itself.

  • Example 1 (Criminal Context): Sarah and Mark plan to steal valuable artwork from a gallery. Sarah disables the security system while Mark enters the gallery and removes the paintings. Both Sarah and Mark are considered participes criminis. Even though Sarah did not physically take the art, her essential role in disabling the security makes her an accomplice and equally responsible for the theft under the law.

• In Civil Law: The doctrine of particeps criminis prevents one party who participated in an illegal or wrongful activity from suing another party involved in the same activity to recover damages. The underlying principle is that courts will not assist individuals who are themselves wrongdoers in profiting from or seeking relief related to their own unlawful conduct. This application is distinct from criminal responsibility and focuses purely on civil claims between the involved parties.

  • Example 2 (Civil Context - Illegal Contract): A landlord and a tenant sign a lease agreement that includes a clause explicitly stating the property will be used for an illegal gambling operation. After a few months, the tenant stops paying rent, and the landlord sues for the unpaid amount. A court would likely refuse to enforce the lease or award the landlord the unpaid rent because both parties were participes criminis in an illegal contract. The court will not help either party benefit from their unlawful agreement.

  • Example 3 (Civil Context - Unlawful Transaction): Two business partners agree to sell counterfeit goods, splitting the profits. One partner, David, handles the sales, while the other, Emily, manages the manufacturing. David sells a large batch of goods but keeps all the money, refusing to share with Emily. If Emily sues David to recover her share of the profits, a court would likely dismiss her claim. Both David and Emily are participes criminis in the illegal sale of counterfeit goods, and the court will not intervene to settle disputes arising from their unlawful enterprise.