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NeCede's

Maxim 5.7.18

The heir ought not to be bound in a penalty for the crime of the deceased.

Poena ex delicto defuncti, haeres teneri non debet.

Source: 2 Inst. 198; Jackson; Weisman, 58v Difficulty 2/5 — Approachable

Explanation

Criminal penalties are personal and die with the offender — the heir succeeds to the ancestor's property and obligations of restitution, but never to his punishments.

Where this applies

  • My father was convicted of a crime — can the courts make me pay his criminal fine after he dies?
  • The deceased was sentenced to community service — can his heirs be forced to complete it?

Legal domains

criminalinheritance

Cite this maxim

NeCede Max. 5.7.18 — The heir ought not to be bound in a penalty for the crime of the deceased. — 2 Inst. 198; Jackson; Weisman, 58v (Poena ex delicto defuncti, haeres teneri non debet.)

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