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NeCede's

Maxim 7.1.4

In more atrocious crimes, the intent is punished even though the effect does not follow.

In atrocioribus delictis punitur affectus licet non sequatur effectus.

Source: 2 Rolle 82; Weisman, 26l Difficulty 2/5 — Approachable

Explanation

The more serious the intended crime, the more the law focuses on the criminal purpose rather than whether harm was actually accomplished.

Where this applies

  • Someone attempted to assassinate a public official but failed — should the punishment reflect the intent?
  • A person planted a bomb that didn't go off — is the attempt enough for serious charges?

Legal domains

See also

Cite this maxim

NeCede Max. 7.1.4 — In more atrocious crimes, the intent is punished even though the effect does not follow. — 2 Rolle 82; Weisman, 26l (In atrocioribus delictis punitur affectus licet non sequatur effectus.)

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