Degrees of criminality

Criminal law recognizes degrees of criminality. Partakers in a crime may be either principals or accessories. And princi­pals may be either in the first or the second degree, while accessories may be either before or after the fact. A principal in the first degree is the person who actually did the criminal act or was guilty of the criminal omission, either with his own hand or through an innocent agent, e.g. a child. A principal in the second degree is a person who, without actually taking part, is present at the commission of a crime and encourages and assists in preparation for it. An accessory before the fact is one who, without being present at its commission, advises it to be done and does not countermand it before it is done. All three - the principal in the first degree, the principal in the second degree and an accessory before the fact - are liable to the full penalty for the crime, therefore, these distinctions are largely academic.

An accessory after the fact to a felony is one who assists the felon or permits his escape. In murder cases such accessories after the fact are liable to penal servitude for life, in other cases - to two years' imprisonment; and they may be convicted even though the principal has not been brought to trial.

A woman cannot be convicted of being an accessory after the fact, merely for concealing her husband or aiding his escape. All accessories after the fact are guilty of felony. In treasons and misdemeanours all partakers are principals.

Ex.3 Read the text once more and give the Ukrainian equivalents for the given below words and word-combinations:

criminal act; to be guilty; accessory before the fact; felo­ny; penal servitude; to bring to trial; partakers; innocent agent; the commission of a crime; degrees of criminality.

Ex.4 Look through the text again and find the English equivalents for the following words and word-combinations:

Спільник; брати участь; підлягати покаранню; злочин; злочинець; ув’язнення; притягувати до суду; визнавати винним; переховувати.

Ex.5 Answer the questions:

1. How is the person who actually did the criminal act called?

2. Who is liable to the full penalty for the crime?

3. What do we call a person who assists the felon or permits his escape?

4. Can a woman be convicted of being an accessory after the fact for concealing her husband?

5. All accessories after the fact are guilty of felony, aren't they?

6. Who is the principal in treasons and misdemeanors?

Ex.6 Transform the following sentences into negative ones substituting the given pronouns with the derivatives with particle no .

example: There was somebody in the room five minutes ago. – There was nobody in the room five minutes ago.

1. There was somebody in the room five minutes ago.

2. There is something interesting in our club tonight.

3. They went out somewhere last Sunday.

4. I see somebody through the window.

5. Somebody will have to meet them.

6. He can do something for you.

7. They invited somebody to dine with them.

8. Some of them know English.

9. I heard something about it.

Ex.7 Translate into Ukrainian paying attention to translating the verbs in Passive Voice :

1. That will be regarded as an attempt to commit a felony.

2. The death of this person has been caused through injury.

3. The deadly poison was left lying about.

4. The poison had been drunk by the child.

5. The charge of murder has been reduced to manslaughter.

6. He was spoken to about this problem.

7. The bag was looked for everywhere.

8. The letter will be posted immediately.

Ex.8 Change the following sentences using Passive Voice:

Наприклад: The pupils broke the chair. -

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