Also known as: ante-factum · antefactum · before the fact
Written by attorneys · grounded in primary & secondary sources — see below
A prior act or fact. In criminal law the phrase identifies conduct that aids, abets, or encourages a felony yet occurs away from the scene when the felony is committed.
Ivan explained to Gilbert how to file false insurance claims and offered sample narratives while they drank at a tavern. Ivan retired and moved away before Gilbert later submitted the claims using the supplied instructions. Ivan's earlier guidance constitutes the ante factum conduct that supports accessory liability even though he was absent when the fraud occurred.
Alicia, working abroad, supplied encrypted storage devices and urged Judith to copy proprietary files from the hangar. Alicia never appeared at the site. Her advance provision of tools and encouragement formed the ante factum assistance that classifies her as an accessory before the fact.
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Rachel prepared a detailed tapping diagram and delivered specialized tools to Keith weeks before he cut into the pipeline. Rachel remained offsite during the actual tampering. The preparatory diagram and tools supplied the ante factum aid that establishes accessory-before-the-fact liability.
Luis met Marlon in person, supplied hacking instructions and credentials, then left for an off-site conference. Luis later directed the upload only by video link. The initial planning session alone supplies the ante factum encouragement that fixes accessory liability.
Ross met Doug and Virginia for coffee and provided detailed instructions on disabling alarms and timing security rounds. Ross stayed miles away while the laptops were removed. The advance instructions constitute the ante factum aid that renders Ross an accessory before the fact.
Tracey told Molly days earlier that shortcuts with paperwork would go unnoticed if speed was needed. Tracey was absent from the office when Molly forged the judge's signature. Tracey's prior suggestion supplied the ante factum encouragement that establishes accessory-before-the-fact status.
An accessory before the fact aids or encourages the crime but stays away from the scene. A principal in the second degree must be present while rendering aid. The timing and location of the assistance therefore determine the classification under the four common-law categories.
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No. Common-law accessory liability does not depend on a prior conviction of the principal. The accessory's own ante factum conduct is sufficient to support a separate prosecution.
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Yes. Supplying instructions, diagrams, or tools before the crime occurs satisfies the requirement of aiding or encouraging even if the planner never appears at the scene. The ante factum conduct need not be contemporaneous with the offense.
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No. Once the ante factum encouragement or assistance is provided, later withdrawal from the scene or retirement does not erase the completed offense. Liability attaches at the moment the aid is given.
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…denied, 434 U. S. 878 (1977). Although petitioner could be convicted of second-degree murder only if he were an accessory before the fact rather than a principal, the Florida Supreme Court reasoned: "[T]he only evidence of the degree of his participation is the jury's likely inference that he was the person in the car by…