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NeCede's

Maxim 7.8.3

The instigator of a crime is worse than the perpetrator.

Auctor peccati praestat auctore facti.

Source: 5 Coke, 99; Weisman, 26z Difficulty 2/5 — Approachable

Explanation

The man who conceives and directs a crime from safety bears a heavier moral and legal burden than the one who carries it out — the mastermind outranks the tool.

Where this applies

  • The person who planned the crime is more culpable than the one who carried it out.
  • The mastermind behind a fraud scheme should be punished more severely than the low-level participants.

Legal domains

See also

Cite this maxim

NeCede Max. 7.8.3 — The instigator of a crime is worse than the perpetrator. — 5 Coke, 99; Weisman, 26z (Auctor peccati praestat auctore facti.)

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