Does section 31 of the California Code of Civil Procedure allow a party to be held liable for a crime committed by a party that is not a principal?

California, United States of America


The following excerpt is from People v. Williams, D057746 (Cal. App. 2012):

Brigham, supra, 216 Cal.App.3d at p. 1049.)9 In section 31, the "legislative direction" is that derivative liability is to be imposed " 'on some person other than the actor.' " (People v. Lee (2003) 31 Cal.4th 613, 632.) " '[S]ection 31 . . . fixes responsibility on an aider and abettor for a crime personally committed by a confederate.' " (Ibid.) The legislative intent behind section 31 is that aiders and abettors, by virtue of their status, are principals and therefore guilty of the charged crime. The derivative liability of aiders and abettors does not undermine the legislative scheme for homicide.

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