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NeCede's

Maxim 3.6.1

The act does not make one guilty unless the mind be guilty.

Actus non facit reum, nisi mens sit rea.

Source: 3 Inst. 107; 7 T.R. 514; Broom, Max. 306; Lofft 37 Difficulty 1/5 — Foundational

Explanation

Criminal liability requires both a wrongful act and a wrongful intent. Neither alone suffices — the union of the two constitutes the crime.

Where this applies

  • A person accidentally causes harm with no wrongful intent.
  • Someone is charged with a crime but had no intention of doing wrong.

Topics

Intent

Legal domains

criminal

See also

Cite this maxim

NeCede Max. 3.6.1 — The act does not make one guilty unless the mind be guilty. — 3 Inst. 107; 7 T.R. 514; Broom, Max. 306; Lofft 37 (Actus non facit reum, nisi mens sit rea.)

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