Maxim 7.8.5
No one is punished unless for some wrong, act, or default.
Nemo punitur sine injuria, facto, seu defalta.
Source: 2 Inst. 287; Weisman, 92n
Difficulty 1/5 — Foundational
Explanation
Punishment presupposes an offense actually committed — the law cannot punish status, condition, or mere association without a wrongful act or culpable omission.
Where this applies
- I was arrested for being in a 'bad neighborhood' even though I didn't do anything wrong.
- The police detained me because of my appearance, not because of any crime.
Topics
Legal domains
See also
Cite this maxim
NeCede Max. 7.8.5 — No one is punished unless for some wrong, act, or default. — 2 Inst. 287; Weisman, 92n (Nemo punitur sine injuria, facto, seu defalta.)
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