6.2 Classification of Parties to the Crime

6.2.1 Principal Offender The person whose own conduct fulfils the offence's definition — the actus reus is his (the shooter in homicide; the taker in theft). The refinements to master: The immediate perpetrator — the hand that acts, even where a tool or mechanism intervenes; Co-principals — several jointly executing: each liable as principal for the cooperative execution (the "joint liability for a common criminal plan" doctrine — the classic illustration of Barendra Kumar Ghosh: the man who stands guard at the door during a fatal robbery is himself the murderer); Principal by procuration (perpetration-by-means) — the person who acts through an innocent agent is the principal though another's body moved: the poisoner who tricks the nurse into administering the dose; The principal's mental element — the offence's own mens rea; full liability as defined. Nepali law: the Code's provisions on joint commission — offences committed by several persons make each liable as principal, with sentencing sensitive to individual roles. 6.2.2 Secondary Offender The participant who does not personally execute the actus but whose contribution makes him liable: the abetter/instigator, the aider, the conspirator whose plan others execute. The doctrine of accomplice liability (complicity) — its two elements: The actus of complicity: aiding, abetting, counselling or procuring — practical assistance, encouragement or facilitation before or at the crime (presence can…