Criminal Law Code as at 1st March 2007 (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 COMMISSION OF CRIMES 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,17 after it has been committed. 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 accomplice18 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. 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 rely upon a defence which excuses that other person from liability or reduces that other person’s liability for the crime concerned⎯ 17 18 As amended by s. 31 of Act 9/2006 [words between commas inserted]. As amended by s. 31 of Act 9/2006 [deletion of " to the actual perpetrator any assistance which enables the actual perpetrator" and substitution of the words appearing in the text]. - 116 -