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NeCede's

Maxim 3.1.19

The crime carries the person.

Crimen trahit personam.

Source: Wharton, III-60; Weisman, 26w Difficulty 3/5 — Intermediate

Explanation

Invoke this maxim to establish that criminal jurisdiction attaches to the person of the offender — wherever the accused is found, the court with jurisdiction over the crime may reach him.

Where this applies

  • A man commits fraud in one state and flees to another; the original state's court issues a warrant because jurisdiction over the crime follows the person wherever he goes.
  • A fugitive argues that by crossing state lines he escaped the court's reach, but the prosecution invokes this maxim to show that the crime attaches to the offender, not to the geography.
  • An international arrest warrant is issued for a suspect abroad, on the principle that the criminal charge travels with the accused regardless of his current location.

Legal domains

Cite this maxim

NeCede Max. 3.1.19 — The crime carries the person. — Wharton, III-60; Weisman, 26w (Crimen trahit personam.)

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