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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