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NeCede's

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

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