This is the fifth post in our Law and the Multiverse Retcons series, in which we discuss changes in the law (or corrections to our analysis) that affect older posts. In this case we’re discussing a not-so-old post, this one from just a few weeks ago discussing the possible criminal liability of The Mandarin from Iron Man 3. As with the original post, the correction requires pretty massive spoilers, so read on at your peril if you haven’t seen the movie yet (which you should, it’s great).
Originally, I had said that one way to get at The Mandarin would be “accomplice after the fact” liability, making him liable for all of the same crimes as the principals (e.g. Aldrich Killian). This was incorrect on a couple of points, as drawn to my attention by a comment. First, it should be accessory after the fact. Second, being an accessory is its own offense; it doesn’t lead to accomplice liability.
However, on further consideration, I believe that The Mandarin would be an accessory for at most his first cover-up job. After that he had an ongoing relationship with A.I.M. and could be considered a proper accomplice, since at that point he knew what his role in the organization was.
The original post has been edited to correct these errors, and the corrections have been indicated.