Skip to content
NeCede's

Maxim 12.9.8

An accuser is not to be heard after a reasonable time unless he can account satisfactorily for the delay.

Accusator post rationabile tempus non est audiendus, nisi se bene de omissione excusaverit.

Source: Moor. 817; Jackson; Weisman, 99x Difficulty 1/5 — Foundational

Explanation

Stale accusations are disfavored; he who delays bringing a charge must explain the delay or forfeit the right to prosecute.

Where this applies

  • They're bringing charges years after the event with no excuse for the delay.
  • A stale accusation should be dismissed unless the accuser can explain why they waited.
  • The prosecution sat on this for years and can't justify the delay.

Legal domains

criminalprocedural

See also

Cite this maxim

NeCede Max. 12.9.8 — An accuser is not to be heard after a reasonable time unless he can account satisfactorily for the delay. — Moor. 817; Jackson; Weisman, 99x (Accusator post rationabile tempus non est audiendus, nisi se bene de omissione excusaverit.)

Found an error? Suggest a correction →