The term “malum” in Latin denotes something negative or wicked, encompassing anything that is detrimental or incorrect. When used in plural, it becomes “mala”.
The Latin word “malum” refers to something bad or evil. Stealing and lying are examples of “malum” because they are considered bad actions that can harm others. The definition of “malum” is clear – it encompasses anything that is considered bad or evil. These examples demonstrate how stealing and lying fall under this definition as actions that can cause harm to others, making them “mala”.
Malum in se refers to acts that are inherently wrong or evil, such as murder or theft. These acts are universally considered immoral and illegal.
Malum prohibitum refers to acts that are only considered wrong because they are prohibited by law, even though they may not be inherently immoral. Examples include traffic violations or certain drug offenses.
The main difference is that malum in se refers to acts that are universally considered wrong, regardless of legal prohibitions, while malum prohibitum refers to acts that are only wrong because they are prohibited by law.
Generally, ignorance of the law is not a valid defence for committing a malum prohibitum offense. It is assumed that individuals are aware of the laws in their jurisdiction and are expected to comply with them.
The consequences for committing a malum in se offense can vary depending on the jurisdiction and the severity of the offense. They can range from fines and probation to imprisonment or even the death penalty in some cases.
In rare cases, certain malum in se offenses may be justified under the legal principle of self-defence or defence of others. However, the circumstances must meet specific criteria for the defence to be valid.
Unlike malum in se offenses, malum prohibitum offenses are generally not justifiable under any circumstances. The fact that they are prohibited by law means that they are considered wrong regardless of the situation.
Yes, malum prohibitum offenses can be changed or repealed through the legislative process. Laws can be amended or abolished based on societal changes, evolving norms, or new evidence.
While malum in se offenses are generally considered illegal in most jurisdictions, there may be variations in the specific laws and penalties across different countries or states.
In most cases, malum in se offenses can be prosecuted even without a complaint from the victim. The state or government usually has the authority to initiate criminal proceedings in order to protect public order and safety.
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: 17th April 2024.
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