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NeCede's

Maxim 7.5.4

Let the punishment be proportioned to the fault.

Culpae poena par esto.

Source: Dig. 48, 19, 11; Broom, Max. 279; Weisman, 92dd Difficulty 1/5 — Foundational

Explanation

The measure of accountability must match the degree of blameworthiness — the law demands proportionality between fault and consequence.

Where this applies

  • A first-time offender got the same sentence as a career criminal — that doesn't seem fair.
  • The punishment should match the severity of the offense.

Topics

Fault & Negligence

Legal domains

criminal

See also

Cite this maxim

NeCede Max. 7.5.4 — Let the punishment be proportioned to the fault. — Dig. 48, 19, 11; Broom, Max. 279; Weisman, 92dd (Culpae poena par esto.)

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