However, in no case until now has a lawful act been declared punishable, nor an act, which was not a crime when committed, retroactively converted into a crime. And this is the case here. I do not, therefore, go any farther into these questions. At any rate, it would appear that if such a concept is to be applied to Germans, this could only be done with all restrictions imposed by equity. Similar definitions always keep occurring.
Agreement means an explicit or tacit understanding.
If several persons pursue the same end independently of one another, then there is no conspiracy. It is accordingly not enough that the plan is common to all of them, they must have knowledge of this community and every one must voluntarily accept the plan as his own. A person under duress is no conspirator, for duress does not produce agreement, at the utmost, purely outward assistance. For instance, if somebody imposes his will on another, then there is no conspiracy. Therefore, a conspiracy with a dictator at its head is a contradiction in itself.