Maxim 1.5.173
The estimation of a past offence is never increased by a later fact.
Nunquam crescit ex post facto praeteriti delicti aestimatio.
Source: Bac. Max. Reg. 8; Jackson
Difficulty 2/5 — Approachable
Explanation
The gravity of an offense is fixed at the time it is committed — subsequent events cannot retroactively enlarge the penalty or change the character of the act.
Where this applies
- A person is sentenced for an old crime and later events are used to increase the punishment.
- Something that happens after a crime is committed is used to make the sentence worse.
Cite this maxim
NeCede Max. 1.5.173 — The estimation of a past offence is never increased by a later fact. — Bac. Max. Reg. 8; Jackson (Nunquam crescit ex post facto praeteriti delicti aestimatio.)
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