US Laws, Codes, Statutes & Cases

      Sec. 53a-9. Lack of criminal responsibility; absence of prosecution or conviction not a defense. In any prosecution for an offense in which the criminal liability of the defendant is based upon the conduct of another person under section 53a-8 it shall not be a defense that: (1) Such other person is not guilty of the offense in question because of lack of criminal responsibility or legal capacity or awareness of the criminal nature of the conduct in question or of the defendant's criminal purpose or because of other factors precluding the mental state required for the commission of the offense in question; or (2) such other person has not been prosecuted for or convicted of any offense based upon the conduct in question, or has been acquitted thereof, or has legal immunity from prosecution therefor; or (3) the offense in question, as defined, can be committed only by a particular class or classes of persons, and the defendant, not belonging to such class or classes, is for that reason legally incapable of committing the offense in an individual capacity.

      (1969, P.A. 828, S. 9.)

      See annotations to section 53a-8.

      Cited. 179 C. 1, 13-16. Cited. 209 C. 75, 93, 94. Cited. 242 C. 409. Section clearly abrogates the judicially created doctrine of collateral estoppel to the extent that the doctrine would preclude retrial of the issue of the principal's guilt. 270 C. 458.

      Cited. 35 CA 138, 147. Cited. Id., 360, 371.

      Subdiv. (1):

      Cited. 179 C. 1, 15.