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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