Art. 605.8 (nouveau) que “(Loi n° 2016-21 du 16 juin 2016) La durée totale de la détention préventive ne peut excéder quatre (4) ans en matière criminelle et deux (2) ans en matière délictuelle.” 136. In the instant case, the Applicant is charged with complicity in terrorism, murder and criminal association and has been in detention since 13 June 2013, that is, he has been in pre-trial detention for more than 7 years without being tried by a final judgment. 137. Complicity presupposes a mere material or moral aid to the practice of the intentional act by another, in such a way that the accomplice lacks the domain of the typical act as an indispensable element of co-authorship. 138. Authorship and complicity are forms of criminal participation, distinguished by the manner in which they are carried out and by their objective gravity. The accomplice only favours or helps the execution, remaining outside the typical act. Only when he goes beyond mere assistance and thus plays a necessary part in the execution of the criminal plan does he become a co-author of the fact. 139. Complicity presupposes the existence of an act committed intentionally by another person and is subject to the principle of accessory nature since the accomplice does not take part in the functional domain of the acts constituting the crime, i.e., he is aware that he favours the commission of a crime but does not take part in it. He merely facilitates the main fact. 140. In the instant case the Defendant submits that the Applicant's pre-trial detention is justified under the law. 141. Now as stated above, it follows from Art. 132-1 of the Criminal Procedure Code in force in Niger, that the accused cannot be detained for more than 18 months; that the investigating judge may, at the end of that period, decide, for the extension of the detention for a period not exceeding 27