Name: Criminal Law Review

LLB-4A Atty. Isagani Calderon

LEGAL MAXIMS IN CRIMINAL LAW incapacity cannot form the intent to
commit a crime.
1. Ignotantia facti excusat – Ignorance or
19. Dolus specialis – Specific deceit; heavily
mistake of fact relieves the accused from
used in the context of genocide in
criminal liability.
international law.
2. Actus me invito factus non est meus actus –
20. Mala in se – Wrong in itself
An act done by me against my will is
21. Malum prohibitum – Prohibited wrong
not my act.
22. Se defendad – self-defense
3. Actus non facit reum nisi mens sit rea –
23. Doli incapax – incapable of crime
The act itself does not make a man
24. Felonia implicatur in qualibet proditione -
guilty unless his intentions were so. The
Felony is implied in every treason
act cannot be criminal unless the mind is
25. Nemo bis punitur pro eodem delicto - No
criminal.
one can be twice punished for the same
4. Cogitationis poenam nemo patitur –
offense
Nobody suffers punishment for mere
26. Domus sua cinque est tutissimum refugium
intent.
- a man’s house is his safest retreat
5. Error in personae – Mistake in the
27. In jure non remota causa sed proxima
identity of the victim.
spectator - in law, not remote but the
6. Lex retro non agit – The law does not
proximate cause is looked at
operate retroactively. A law cannot
28. Actio personalis moritor cum persona - any
make something illegal that was legal at
right of action dies with the person
the time it was performed.
29. Accusare nemo se debet ( nisi coram deo) -
7. En cuadrilla – Band. A band consists of
no one ought to accuse himself
more than three armed men with an
30. Causa criminalis non praejudicat civile - A
intention of carrying out an unlawful
criminal case predicate the civil case
design.
31. Qui non obstat quod obstare potest facere
8. Delito Continuado – Continued Crime.
videtur- He who does not prevent what
9. El que es causa de la causa es causa del mal
he is able to prevent, is considered as
causado – He who is the cause of the
committing the thing.
cause is the cause of the evil caused.
32. Voluntas in delictis non exitus spectator - In
10. Aberratio ictus – Mistake in the blow.
offences the intent and not the result is
11. Praeter intentionem – The injurious result
looked at.
is greater than that intended.
33. Maleficia propositis distinguuntur - Evil
12. Crimen Falsi – Crime of falsifying.
acts are distinguished from (evil)
13. Nullum crimen, nulla poena sine lege –
purposes/crimes are distinguished by
There is no crime where there is no law
evil intent.
punishing it.
34. Dolus specialis - Specific deceit
14. In dubio pro reo – When in doubt, for the
35. Scienter – Knowingly
accused.
36. Alibi - “elsewhere”
15. Hostis humani generis – Enemy of
37. De minimis non curat lex - The law does
mankind.
not take note of trifles
16. Actus reus – Criminal act; wrongful act
38. In terrorem - In order to frighten
17. Mens rea – Guilty mind; wrongful
39. Qui facet per alium facit per se - He who
criminal intent
acts through another, acts through himself
18. Doli incapax – Incapable of guilt. It is a
40. Causa Proxima - proximate cause which
presumption that young children or
produced the immediate effect
persons with diminished mental