Maxim 7.1.1
In criminal matters, the will is taken for the deed.
In criminalibus, voluntas reputabitur pro facto.
Source: Coke, 3 Inst. 106; Weisman, 26t; Weisman, 44r
Difficulty 2/5 — Approachable
Explanation
Where criminal intent is clearly proved, the law may hold a man accountable even though the intended result was not fully accomplished.
Where this applies
- Someone planned a robbery but was caught before carrying it out — are they still guilty?
- A person attempted to poison someone but was stopped in time.
Topics
Legal domains
See also
Cite this maxim
NeCede Max. 7.1.1 — In criminal matters, the will is taken for the deed. — Coke, 3 Inst. 106; Weisman, 26t; Weisman, 44r (In criminalibus, voluntas reputabitur pro facto.)
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