Maxim 1.5.191
He adds one offence to another who, when he commits an offence, joins the protection of a defence.
Peccatum peccato addit qui culpae quam facit patrocinium defensionis adjungit.
Source: 5 Co. 49; Jackson
Difficulty 2/5 — Approachable
Explanation
Using legal process as a shield for wrongdoing compounds the original offense — the law views the abuse of defensive procedure as an aggravation, not a mitigation.
Where this applies
- A wrongdoer uses legal defenses to shield their misconduct.
- Someone commits a wrong and then abuses the legal system to avoid consequences.
Legal domains
Cite this maxim
NeCede Max. 1.5.191 — He adds one offence to another who, when he commits an offence, joins the protection of a defence. — 5 Co. 49; Jackson (Peccatum peccato addit qui culpae quam facit patrocinium defensionis adjungit.)
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