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NeCede's

Maxim 3.3.3

A madman is punished by his madness alone.

Furiosus solo furore punitur.

Source: Co. Litt. 247b; Broom, Max. 15 Difficulty 1/5 — Foundational

Explanation

The insane cannot be held criminally responsible — their affliction is itself their penalty.

Where this applies

  • A person found insane is not held criminally responsible.
  • Someone with severe mental illness commits an act and the court addresses their competency.

Legal domains

See also

Cite this maxim

NeCede Max. 3.3.3 — A madman is punished by his madness alone. — Co. Litt. 247b; Broom, Max. 15 (Furiosus solo furore punitur.)

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