Define: Actus Me Invito Factus Non Est Mens Actus

Actus Me Invito Factus Non Est Mens Actus is a Latin legal maxim that translates to “an act done by me against my will is not my act.” This principle is often invoked in legal cases to argue that a person should not be held responsible for an action if it was done under duress or coercion.

The maxim suggests that if an individual is forced or compelled to perform an act against their own volition, their mental state cannot be considered as having the necessary intent or mens rea to be held liable for the act. In other words, if someone is acting under duress, their actions should not be attributed to them as they did not have the freedom to exercise their own will.

This legal principle is particularly relevant in criminal law, where the mental state of the accused is a crucial element in determining guilt or innocence. If it can be proven that the accused acted under duress or coercion, it may serve as a defence to criminal charges.

However, it is important to note that the application of this maxim may vary depending on the jurisdiction and the specific circumstances of the case. Courts will consider factors such as the level of coercion, the immediacy of the threat, and the reasonableness of the accused’s response when determining whether the defence of duress is valid.

Overall, Actus Me Invito Factus Non Est Mens Actus is a legal principle that recognises the importance of free will and the impact of coercion on an individual’s actions. It serves as a defence to argue that an act done against one’s will should not be attributed to them as their own.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March 2024.