Skip to content
NeCede's

Maxim 7.1.27

Crimes are extinguished by death.

Source: Black's, 2d. 300; Weisman, 26r Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Criminal prosecution abates upon the death of the accused — the state cannot try a dead man, and pending charges die with the defendant.

Where this applies

  • A man dies while awaiting trial for fraud, and the prosecution must drop all charges because there is no defendant left to convict.
  • A senator under indictment for bribery passes away, and the case is dismissed — the state cannot prosecute a dead man.
  • Criminal charges against a hit-and-run suspect are automatically dismissed when she dies in an unrelated accident before trial.

Legal domains

Cite this maxim

NeCede Max. 7.1.27 — Crimes are extinguished by death. — Black's, 2d. 300; Weisman, 26r

Found an error? Suggest a correction →