Maxim 7.8.36
Infamy arises from crime, not from its punishment.
Infamia ex delicto, non ex poena.
Source: Weisman, 92g
Difficulty 2/5 — Approachable
Explanation
The disgrace of a criminal conviction attaches to the crime itself, not to the penalty imposed — a man is infamous because he committed the offense, not because the court punished him for it.
Where this applies
- A convicted embezzler's reputation is destroyed by the act of stealing, not by the jail sentence that followed — even if the sentence were reduced, the infamy remains.
- A politician caught taking bribes is disgraced because of the bribery itself, not because of whether the court sentences him to prison or probation.
- A doctor who commits malpractice through gross negligence loses her reputation because of what she did, not because of the fine the medical board imposed.
Legal domains
Cite this maxim
NeCede Max. 7.8.36 — Infamy arises from crime, not from its punishment. — Weisman, 92g (Infamia ex delicto, non ex poena.)
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