Maxim 7.9.11
No one is obliged to restore that which has been exacted by way of penalty.
Quod a quoquo poenae nomine exactum est id eidem restituere nemo cogitur.
Source: D. 50, 17, 46; Jackson
Difficulty 2/5 — Approachable
Explanation
A penalty lawfully imposed and collected need not be refunded to the offender — what was taken as punishment is taken permanently.
Where this applies
- I paid a fine as punishment for an offense — I can't demand the government give it back.
- A criminal fine that was lawfully imposed doesn't get refunded.
Legal domains
Cite this maxim
NeCede Max. 7.9.11 — No one is obliged to restore that which has been exacted by way of penalty. — D. 50, 17, 46; Jackson (Quod a quoquo poenae nomine exactum est id eidem restituere nemo cogitur.)
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