Maxim 3.5.22
A mistake in point of law is, in criminal cases, no sort of defense.
Source: 4 Bl. Comm. 27; 4 Steph. Comm. 81; Broom, Max. 253; 7 Car. P. 456; 2 Kent, Comm. 491, and note; Weisman, 57g
Difficulty 4/5 — Advanced
Explanation
(English-origin maxim.) In criminal prosecutions, a defendant cannot escape liability by claiming he did not know his act was illegal — the law presumes knowledge of its own commands, and mistake of law is no defense to a criminal charge.
Where this applies
- A driver is charged with operating a vehicle with an expired registration; he argues he thought the registration was still valid, but the court convicts him because mistake of law is no defense in a criminal case.
- A business owner is prosecuted for violating environmental regulations he genuinely believed did not apply to his industry; the court holds that his legal error cannot shield him from criminal liability.
- A hunter is charged with poaching in a protected area; he claims he misread the boundary map's legal description, but the court rules that misunderstanding the law is never a criminal defense.
Cite this maxim
NeCede Max. 3.5.22 — A mistake in point of law is, in criminal cases, no sort of defense. — 4 Bl. Comm. 27; 4 Steph. Comm. 81; Broom, Max. 253; 7 Car. P. 456; 2 Kent, Comm. 491, and note; Weisman, 57g
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