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NeCede's

Maxim 1.5.338

The punishment may be remitted, but the guilt remains forever.

Poena potest tolli, culpa perennis erit.

Source: Houghtaling v. Kelderhouse, 1 Park. Cr. 241, 242; Wharton, III-252 Difficulty 3/5 — Intermediate

Explanation

A pardon removes the penalty but does not erase the underlying wrongful act — the fact of guilt persists regardless of whether punishment is enforced.

Where this applies

  • A governor pardons a convicted embezzler, removing the prison sentence, but the embezzler's criminal record still reflects the conviction because the pardon erases the punishment, not the guilt.
  • A court commutes a death sentence to life imprisonment, but the underlying conviction for murder remains on the record because clemency removes the penalty without erasing the wrong.
  • A president grants amnesty for draft evasion, relieving all penalties, but the historical fact that the individuals evaded the draft is not erased because guilt persists even when punishment is remitted.

Legal domains

See also

Cite this maxim

NeCede Max. 1.5.338 — The punishment may be remitted, but the guilt remains forever. — Houghtaling v. Kelderhouse, 1 Park. Cr. 241, 242; Wharton, III-252 (Poena potest tolli, culpa perennis erit.)

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