Skip to content
NeCede's

Maxim 1.5.222

We dispense with the forms of law rather than that crimes and wrongs should go unpunished.

Receditur a placitis juris potius quam injuriae et delicta maneant impunita.

Source: Bac. Max. Reg. 12; Jackson Difficulty 1/5 — Foundational

Explanation

Procedural technicalities must not become shields for injustice — when rigid adherence to form would allow a wrong to escape correction, the form yields.

Where this applies

  • A technicality in procedure would allow a criminal to escape punishment.
  • A procedural defect threatens to let a clear wrong go without remedy.

Legal domains

criminalprocedural

Cite this maxim

NeCede Max. 1.5.222 — We dispense with the forms of law rather than that crimes and wrongs should go unpunished. — Bac. Max. Reg. 12; Jackson (Receditur a placitis juris potius quam injuriae et delicta maneant impunita.)

Found an error? Suggest a correction →