Skip to content
NeCede's

Maxim 7.8.22

Positive rules of law will be receded from, rather than crimes and wrongs should remain unpunished.

Receditur a placitis juris, potius quam injuriae et delicta maneant impunita.

Source: Bouvier's Law Dictionary; Bacon's Max. Reg. 12 Difficulty 2/5 — Approachable

Explanation

Technical legal rules yield when their strict application would allow wrongdoing to escape all consequence, because the public safety is the supreme law.

Where this applies

  • A procedural rule would let a clear criminal go free — should the court bend the rule?
  • A technicality would prevent justice — is it better to set aside the rule than let the wrong go unpunished?

Legal domains

criminalprocedural

Cite this maxim

NeCede Max. 7.8.22 — Positive rules of law will be receded from, rather than crimes and wrongs should remain unpunished. — Bouvier's Law Dictionary; Bacon's Max. Reg. 12 (Receditur a placitis juris, potius quam injuriae et delicta maneant impunita.)

Found an error? Suggest a correction →