Maxim 8.5.17
No one who may condemn is unable to acquit.
Source: Dig. 50, 17, 37; Weisman, 65d
Difficulty 2/5 — Approachable
Explanation
(English-origin maxim.) The power to condemn necessarily includes the lesser power to acquit — a court with jurisdiction to punish also has jurisdiction to absolve.
Where this applies
- If the court has the power to convict, it necessarily has the power to acquit.
- A tribunal authorized to impose the ultimate penalty must also have the lesser power to release.
Legal domains
Cite this maxim
NeCede Max. 8.5.17 — No one who may condemn is unable to acquit. — Dig. 50, 17, 37; Weisman, 65d
Found an error? Suggest a correction →