Mich. Comp. Laws » Michigan Compiled Laws / Chapter 767 / Act 175 of 1927
Michigan Compiled Laws

Mich. Comp. Laws § 767.39 (2026)

Abolition of distinction between accessory and principal.

✓ current as of July 2026
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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


767.39 Abolition of distinction between accessory and principal.

Sec. 39.

    Every person concerned in the commission of an offense, whether he directly commits the act constituting the offense or procures, counsels, aids, or abets in its commission may hereafter be prosecuted, indicted, tried and on conviction shall be punished as if he had directly committed such offense.

History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17253 ;-- CL 1948, 767.39

FormerLaw Notes:

    See sections 3 and 5 of Ch. 161 of R.S. 1846, being CL 1857, §§ 5939 and 5941; CL 1871, §§ 7805 and 7807; How., §§ 9415 and 9417; CL 1897, §§ 11776 and 11778; CL 1915, §§ 15603 and 15605; and section 19 of Act 77 of 1855, being CL 1857, § 6065; CL 1871, § 7934; How., § 9545; CL 1897, § 11930; CL 1915, § 15757.

Notes of Decisions
Cited in 453 cases (66 in the last 5 years), 1952–2026 · leading case: People v. Robinson, 715 N.W.2d 44 (Mich. 2006).
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People v. Robinson, 715 N.W.2d 44 (Mich. 2006). · cites it 32× “[9] ANALYSIS This case involves liability under our aiding and abetting statute, MCL 767.39, which provides: Every person concerned in the commission of an offense, whether he directly commits the act constituting the offense or procures, counsels, aids, or abets in its…”
People v. Moore, 679 N.W.2d 41 (Mich. 2004). · cites it 16× “§ 767.39, states: Every person concerned in the commission of an offense, whether he directly commits the act constituting the offense or procures, counsels, aids, or abets in its commission may hereafter be prosecuted, indicted, tried and on conviction shall be punished as if…”
People v. Bennett, 290 Mich. App. 465 (Mich. Ct. App. 2010). · cites it 3× “] See also MCL 767.39. Bennett asserts that the prosecution did not prove the third element of aiding and abetting — that Bennett knew Benson intended to kill the victim at the time she directed him to where the victim lived.”
People of Michigan v. Raymond Curtis Carp, 496 Mich. 440 (Mich. 2014). · cites it 5× “In MCL 767.39, the Legislature chose to treat offenders who aid and abet the commission of an offense exactly the same as those offenders who more directly commit the offense, in particular subjecting them to the same punishment.”
Gonzales v. Duenas-Alvarez, 549 U.S. 183 (2007). · cites it 2× “274, § 2 (West 2004); Mich. Comp. Laws Ann. § 767.39 (West 2000); Minn.”
People of Michigan v. Kenya Ali Hyatt, 885 N.W.2d 900 (Mich. Ct. App. 2016). · cites it 3× “] While Perkins did not fire the fatal shots, the aiding and abetting statute, MCL 767.39, provides that a defendant may be convicted as a principal if he aided or abetted in the commission of a charged crime.”
People v. Carter, 330 N.W.2d 314 (Mich. 1982). · cites it 4× “The principal issue presented by this case is whether a defendant may be convicted both of aiding and abetting the commission of extortion, MCL 767.39; MSA 28.979 and MCL 750.213; MSA 28.”
People v. Pipes, 715 N.W.2d 290 (Mich. 2006). · cites it 2× “) [49] See MCL 767.39. The jury was instructed regarding the elements required to find guilt under an aiding or abetting theory.”
People v. Mass, 628 N.W.2d 540 (Mich. 2001). · cites it 2× “§ 767.39 provides: Every person concerned in the commission of an offense, whether he directly commits the act constituting the offense or procures, counsels, aids, or abets in its commission may hereafter be prosecuted, indicted, tried and on conviction shall be punished as if…”
People v. Wilkens, 705 N.W.2d 728 (Mich. Ct. App. 2005). · cites it 2× “MCL 767.39 provides: Every person concerned in the commission of an offense, whether he directly commits the act constituting the offense or procures, counsels, aids, or abets in its commission may hereafter be prosecuted, indicted, tried and on conviction shall be punished as…”
Alder v. Burt, 240 F. Supp. 2d 651 (E.D. Mich. 2003). · cites it 3× “” Mich. Comp. Laws § 767.39 . Nor does Petitioner allege that the trial judge failed to instruct the jury that aiding and abetting includes all forms of assistance rendered to the perpetrator of a crime and includes all words or deeds that might support, encourage, or incite the…”
Joshua Tackett v. Tony Trierweiler, 956 F.3d 358 (6th Cir. 2020). “; see also Mich. Comp. Laws § 767.39 (“Every person concerned in the commission of an offense, whether he directly commits the act constituting the offense or procures, counsels, aids, or abets in its commission may hereafter be prosecuted, indicted, tried and on conviction…”
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