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NeCede's

Maxim 7.8.17

A person may not be punished differently than according to what the sentence enjoins.

Non alio modo puniatur aliquis, quam secundum quod se habet condemnatio.

Source: Bouvier's Law Dictionary; 3 Co. Inst. 217; Weisman, 92ii Difficulty 1/5 — Foundational

Explanation

The punishment must conform strictly to the judgment — no officer may impose penalties beyond or different from those ordered by the court.

Where this applies

  • The judge sentenced me to 30 days but the jail is holding me for 60.
  • My sentence was community service but the probation officer is also charging me fines.

Legal domains

Cite this maxim

NeCede Max. 7.8.17 — A person may not be punished differently than according to what the sentence enjoins. — Bouvier's Law Dictionary; 3 Co. Inst. 217; Weisman, 92ii (Non alio modo puniatur aliquis, quam secundum quod se habet condemnatio.)

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