“Malum in se” is a Latin legal term referring to conduct that is inherently wrongful or morally wrong regardless of whether it is prohibited by law. Unlike “malum prohibitum” offences, which are wrong solely because they are prohibited by law, malum in se offences are universally recognized as intrinsically immoral or unethical. Examples of malum in se offences include murder, theft, and assault. The severity of punishment for malum in se offences is generally considered to be greater compared to malum prohibitum offences due to the gravity of their inherent wrongdoing.
(mal-uhm in say) adv. Latin referring to an act that is “wrong in itself,” in its very nature being illegal because it violates the natural, moral or public principles of a civilized society. In criminal law it is one of the collection of crimes which are traditional and not just created by statute, which are “malum prohibitum.” Example: murder, rape, burglary and robbery are malum in se, while violations of the Securities and Exchange Act or most “white-collar crimes” are malum prohibitum.
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This glossary post was last updated: 29th March, 2024.
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