Draft:Cogitationis poenam nemo patitur

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Instructions · What links here · Cogitationis poenam nemo patitur (talk: + · bio) · (log) · Copyvios report · reFill · Citation Bot · (Search: Google, Wikipedia) · Submitted 2 months ago by Fer48 (talk: D · +) · Last edited 56 days ago by 2.138.39.104

Warning: The page Cogitationis poenam nemo patitur redirects to List of Latin phrases (C). Please ensure it is not a copy or that this page is located at the correct title.

The Latin expression cogitationis poenam nemo patitur is used in the field of criminal law to express that only a conduct, and not a simple thought, can constitute a crime.^[1]^[2]^[3] This phrase originally appeared in the "Institutions" of the jurist Ulpian (170-228). Later, it appeared in the Digest, a compilation of Roman legal texts carried out by order of the Byzantine emperor Justinian in the sixth century.

Its translation would be "no one can be punished for their thoughts." According to this, thinking about stealing something is not punishable, while committing a robbery is. This principle of Roman law assumes that no thought or desire of a human being can be a criminal, until this manifestation of thought or desire is externalized, causing unjust conduct that causes damage to a protected legal asset.^[4]^[5]

In works of fiction

The dystopian novel 1984 (1949) features a totalitarian superpower in which this legal principle is rejected, and there is even a "Thought Police" that fights "thoughtcrime":

We are not interested in those stupid crimes that you have committed. The Party is not interested in the overt act: the thought is all we care about.

References

^ Latin expressions: cogitationes poenam nemo patitur - Carlos Felipe Law Firm
^ Analyzing the legal maxim : cogitationis poenam nemo patitur - iPleaders
^ Cogitationis poenam nemo patitur | Request PDF
^ "Think Again: The Thought Crime Doctrine and the Limits of Criminal Law" by Jordan Wallace-Wolf
^ Thoughts, Crimes, and Thought Crimes. Gabriel S. Mendlow. University of Michigan Law School. 2020.

[1] Latin expressions: cogitationes poenam nemo patitur - Carlos Felipe Law Firm

[2] Analyzing the legal maxim : cogitationis poenam nemo patitur - iPleaders

[3] Cogitationis poenam nemo patitur | Request PDF

[4] "Think Again: The Thought Crime Doctrine and the Limits of Criminal Law" by Jordan Wallace-Wolf

[5] Thoughts, Crimes, and Thought Crimes. Gabriel S. Mendlow. University of Michigan Law School. 2020.

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In works of fiction

See also

References