Maxim 7.1.10
He who is bound to obey is in no fault. As where the proper officer executes a criminal, or where an officer of justice, in the legal exercise of a particular duty, kills a person who resists.
Ejus nulla culpa est cui parere necesse sit.
Source: D. 50, 17, 169; Jackson
Difficulty 2/5 — Approachable
Explanation
An officer acting under lawful compulsion bears no guilt for the consequences of obedience — the fault lies with the authority that commanded the act, not the instrument that carried it out.
Where this applies
- A soldier followed a lawful order that resulted in casualties — is the soldier guilty?
- An executioner carries out a court-ordered sentence — are they committing a crime?
Legal domains
Cite this maxim
NeCede Max. 7.1.10 — He who is bound to obey is in no fault. As where the proper officer executes a criminal, or where an officer of justice, in the legal exercise of a particular duty, kills a person who resists. — D. 50, 17, 169; Jackson (Ejus nulla culpa est cui parere necesse sit.)
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