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NeCede's

Maxim 7.8.37

Where the crime is, there the punishment should be also.

Ubi culpa est, ibi poena subesse debet.

Source: 6 Coke, 47; Weisman, 92t Difficulty 3/5 — Intermediate

Explanation

Punishment must follow the offender and attach to him personally — it cannot be imposed on an innocent party, and it must be inflicted where the guilt actually lies.

Where this applies

  • A man who committed a crime in Texas cannot be tried and punished for it in Ohio — the punishment must follow the crime to where it occurred.
  • A company that defrauded customers in California must face penalties in California, not in a state where the company happens to have an office.
  • A soldier who committed a theft on a military base is court-martialed at that base rather than at a different installation thousands of miles away.

Legal domains

Cite this maxim

NeCede Max. 7.8.37 — Where the crime is, there the punishment should be also. — 6 Coke, 47; Weisman, 92t (Ubi culpa est, ibi poena subesse debet.)

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