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NeCede's

Maxim 1.5.48

The body — i.e. the gist — of the offence.

Corpus delicti.

Source: Jackson Difficulty 1/5 — Foundational

Explanation

Before any person can be convicted of a crime, the corpus delicti — the fact that a crime was actually committed — must first be established by evidence independent of any confession.

Where this applies

  • A prosecutor has a confession but no independent evidence that a crime occurred.
  • Someone is accused of theft but there is no proof anything was actually stolen.

Legal domains

Cite this maxim

NeCede Max. 1.5.48 — The body — i.e. the gist — of the offence. — Jackson (Corpus delicti.)

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