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NeCede's

Maxim 7.8.28

Punishment adheres to the offense.

Source: Peoria Gas & Elec. Co. v. Peoria, 200 U.S. 48, 56; Weisman, 92f Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Punishment belongs to the specific offense committed — it cannot be transferred to another person or attached to a different act.

Where this applies

  • A father cannot be jailed for his son's crime — the punishment belongs to the person who committed the offense.
  • A business partner cannot be fined for a fraud committed solely by the other partner — the penalty attaches only to the wrongdoer.
  • A new homeowner cannot be penalized for building-code violations committed by the previous owner, because the punishment follows the offense, not the property.

Legal domains

Cite this maxim

NeCede Max. 7.8.28 — Punishment adheres to the offense. — Peoria Gas & Elec. Co. v. Peoria, 200 U.S. 48, 56; Weisman, 92f

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