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Criminal conspiracy
In criminal law, a conspiracy is an agreement between two or more people to commit a crime at some time in the future. Criminal law in some countries or for some conspiracies may require that at least one overt act be undertaken in furtherance of that agreement to constitute an offense. There is no limit to the number participating in the conspiracy, and in most countries the plan itself is the crime, so there is no requirement that any steps have been taken to put the plan into effect (compare attempts which require proximity to the full offense).
For the purposes of concurrence, the actus reus is a continuing one and parties may join the plot later and incur joint liability and conspiracy can be charged where the co-conspirators have been acquitted or cannot be traced. Finally, repentance by one or more parties does not affect liability (unless, in some cases, it occurs before the parties have committed overt acts) but may reduce their sentence.
An unindicted co-conspirator, or unindicted conspirator, is a person or entity that is alleged in an indictment to have engaged in conspiracy but who is not charged in the same indictment. Prosecutors choose to name persons as unindicted co-conspirators for a variety of reasons including grants of immunity, pragmatic considerations, and evidentiary concerns.
At common law, the crime of conspiracy was capable of infinite growth, able to accommodate any new situation and to criminalize it if the level of threat to society was sufficiently great. The courts were therefore acting in the role of the legislature to create new offences and, following the Law Commission Report No. 76 on Conspiracy and Criminal Law Reform, the Criminal Law Act 1977 produced a statutory offence and abolished all the common law varieties of conspiracy, except two: that of conspiracy to defraud, and that of conspiracy to corrupt public morals or to outrage public decency.
Section 5(2) of the Criminal Law Act 1977 preserved the common law offence of conspiracy to defraud. Conspiracy to defraud was defined in Scott v Commissioner of Police of the Metropolis per Viscount Dilhorne:
"to defraud" ordinarily means ... to deprive a person dishonestly of something which is his or of something to which he is or would or might but for the perpetration of the fraud be entitled.
... an agreement by two or more [persons] by dishonesty to deprive a person of something which is his or to which he is or would be or might be entitled [or] an agreement by two or more by dishonesty to injure some proprietary right of his suffices to constitute the offence.
Section 5(3) Criminal Law Act 1977 preserved the common law offence of conspiracy to corrupt public morals or of conspiracy to outrage public decency. These are offences under the common law of England and Wales.
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Criminal conspiracy
In criminal law, a conspiracy is an agreement between two or more people to commit a crime at some time in the future. Criminal law in some countries or for some conspiracies may require that at least one overt act be undertaken in furtherance of that agreement to constitute an offense. There is no limit to the number participating in the conspiracy, and in most countries the plan itself is the crime, so there is no requirement that any steps have been taken to put the plan into effect (compare attempts which require proximity to the full offense).
For the purposes of concurrence, the actus reus is a continuing one and parties may join the plot later and incur joint liability and conspiracy can be charged where the co-conspirators have been acquitted or cannot be traced. Finally, repentance by one or more parties does not affect liability (unless, in some cases, it occurs before the parties have committed overt acts) but may reduce their sentence.
An unindicted co-conspirator, or unindicted conspirator, is a person or entity that is alleged in an indictment to have engaged in conspiracy but who is not charged in the same indictment. Prosecutors choose to name persons as unindicted co-conspirators for a variety of reasons including grants of immunity, pragmatic considerations, and evidentiary concerns.
At common law, the crime of conspiracy was capable of infinite growth, able to accommodate any new situation and to criminalize it if the level of threat to society was sufficiently great. The courts were therefore acting in the role of the legislature to create new offences and, following the Law Commission Report No. 76 on Conspiracy and Criminal Law Reform, the Criminal Law Act 1977 produced a statutory offence and abolished all the common law varieties of conspiracy, except two: that of conspiracy to defraud, and that of conspiracy to corrupt public morals or to outrage public decency.
Section 5(2) of the Criminal Law Act 1977 preserved the common law offence of conspiracy to defraud. Conspiracy to defraud was defined in Scott v Commissioner of Police of the Metropolis per Viscount Dilhorne:
"to defraud" ordinarily means ... to deprive a person dishonestly of something which is his or of something to which he is or would or might but for the perpetration of the fraud be entitled.
... an agreement by two or more [persons] by dishonesty to deprive a person of something which is his or to which he is or would be or might be entitled [or] an agreement by two or more by dishonesty to injure some proprietary right of his suffices to constitute the offence.
Section 5(3) Criminal Law Act 1977 preserved the common law offence of conspiracy to corrupt public morals or of conspiracy to outrage public decency. These are offences under the common law of England and Wales.