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NeCede's

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.

Legal domains

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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