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NeCede's

Maxim 3.5.9

A mistake of law is no defense in criminal cases.

Error in jure in criminalibus non est defensio.

Source: 4 Bl. Comm. 27; 4 Steph. Comm. 81; Broom, Max. 253 Difficulty 1/5 — Foundational

Explanation

Criminal liability cannot be avoided by pleading that the accused did not know his act was unlawful. The law is equally binding on the learned and the unlearned.

Where this applies

  • A defendant claims they did not know their actions were illegal.
  • A criminal argues ignorance of the law as a defense in their trial.

Legal domains

criminal

See also

Cite this maxim

NeCede Max. 3.5.9 — A mistake of law is no defense in criminal cases. — 4 Bl. Comm. 27; 4 Steph. Comm. 81; Broom, Max. 253 (Error in jure in criminalibus non est defensio.)

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