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NeCede's

Maxim 7.1.3

In offenses, the intention is regarded, not the outcome.

In maleficiis voluntas spectatur, non exitus.

Source: Dig. 48, 8, 14; Bacon, Max. reg. 7; Weisman, 26p Difficulty 1/5 — Foundational

Explanation

A man who attempts a crime with full intent is not excused merely because he failed in the execution.

Where this applies

  • A hitman's bullet missed his target — is he still guilty of a crime?
  • Someone tried to break into my house but failed — can they still be charged?

Legal domains

See also

Cite this maxim

NeCede Max. 7.1.3 — In offenses, the intention is regarded, not the outcome. — Dig. 48, 8, 14; Bacon, Max. reg. 7; Weisman, 26p (In maleficiis voluntas spectatur, non exitus.)

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