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NeCede's

Maxim 7.8.19

The heir is not bound in a penalty inflicted for the crime of the ancestor.

Poena ex delicto defuncti haeres teneri non debet.

Source: Bouvier's Law Dictionary; 2 Inst. 198 Difficulty 1/5 — Foundational

Explanation

Criminal punishment is personal and dies with the offender — no descendant may be compelled to answer for the wrongs of a forebear.

Where this applies

  • My grandfather was a convicted criminal — the government says I owe penalties because of his crime.
  • Can the courts impose my deceased parent's criminal punishment on me?

Legal domains

criminalinheritance

Cite this maxim

NeCede Max. 7.8.19 — The heir is not bound in a penalty inflicted for the crime of the ancestor. — Bouvier's Law Dictionary; 2 Inst. 198 (Poena ex delicto defuncti haeres teneri non debet.)

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