202 Punishment of accomplices
Subject to this Code and any other enactment, a person who is convicted of a crime as an accomplice shall be
liable to the same punishment to which he or she would be liable had he or she been an actual perpetrator of the
crime concerned.
203 Presumptions, jurisdiction, powers and defences applicable to actual perpetrators
applicable also to accomplices
(1) Subject to this Part, any
(a) presumption that applies; or
(b) jurisdiction that may be exercised; or
(c) award or order that may be made; or
(d) power to enter, inspect, arrest, search, detain, seize or eject that may be exercised; or
(e) power to take a deposit by way of a penalty that may be exercised;
in relation to the actual perpetrator of any crime or suspected crime in terms of this Code or any other enactment,
shall be equally applicable or capable of being exercised or made, as the case may be, in relation to an accomplice
to the commission of the crime or suspected crime concerned.
(2) Subject to this Code and any other enactment, a person charged as an accomplice may raise and rely on
any defence which he or she could have raised and relied on if he or she had been charged as an actual perpetrator
of the crime concerned, to the extent that the defence relates to or is based on any fact or circumstance which is an
essential element of the crime as committed by both the actual perpetrator and an accomplice:
Provided that a person charged as an accomplice shall be guilty of being an accomplice to a lesser crime
where he or she is entitled to rely on a partial defence which would render a person charged with committing that
particular crime guilty of the lesser crime.
204 Where accomplice liability is concurrent or does not apply
This Part shall not affect the liability of any person
(a) in terms of section fifty-eight or any other provision of this Code or in terms of any other enactment
relating to participation in crimes; or
(b) to be convicted of the crime of treason or any other crime which is committed through incitement,
conspiracy, authorisation or assistance, or of which incitement, conspiracy, authorisation or assistance is
an element;
(c) to be convicted as an actual perpetrator of the crime of theft or any other continuing crime.
PART II
ASSISTANCE AFTER C OMMISSION OF C RIMES
205 Interpretation in Part II of Chapter XIII
In this Part
“accessory”, in relation to a crime, means a person who renders assistance to the actual perpetrator of the
crime, or to any accomplice of the actual perpetrator after it has been committed.
[Definition amended by section 31 of Act 9 of 2006.]
206 Assistance after commission of crime
Any person, other than an actual perpetrator of a crime, who
(a) knowing that an actual perpetrator has committed a crime; or
(b) realising that there is a real risk or possibility that an actual perpetrator has committed a crime;
renders to the actual perpetrator or to any accomplice of the actual perpetrator any assistance which enables the
actual perpetrator or accomplice to conceal the crime or to evade justice or which in any other way associates the
person rendering the assistance with the crime after it has been committed, shall be guilty of being an accessory to
the crime concerned.
[Section amended by section 31 of Act 9 of 2006.]
207 Unavailable defences for accessories
(1) A person may be found guilty as an accessory to a crime even if
(a) the person lacks capacity to commit the crime committed by the actual perpetrator; or
(b) the person is only aware of the fact that the conduct of the actual perpetrator is unlawful but unaware of
the nature of the crime committed by the actual perpetrator or the manner in which it was committed; or
(c) the actual perpetrator is unaware of any assistance rendered by the person; or
(d) the assistance the person renders does not in fact enable the actual perpetrator to conceal the crime or to
evade justice.
(2) Where a person renders assistance to another person in circumstances which would make him or her
guilty as an accessory to a crime, but for the fact that the person to whom he or she renders assistance is entitled to
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