constructive presence


constructive presence
A fiction of criminal law whereby a person who is physically elsewhere at the time of the commission of the crime, is regarded as being present at the scene of the crime committed through agencies set in motion by that person. Hyde v United States, 225 US 347, 362, 56 L Ed 1114, 1124, 32 S Ct 793. In the eyes of the law a person may be present, although he is absent. If a person keeps away from the place where a crime is being committed for the purpose of facilitating the commission of the offense, he is considered as being constructively present as a principal to the crime, although he is not sufficiently near to give assistance if required. State v Poynier, 36 La Ann 572.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

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