The phrase “Vel faciendo vel delinquendo” refers to the possibility of something being done either by action or by inaction. It was commonly used in legal contexts to describe actions or omissions that could result in consequences.
Vel faciendo vel delinquendo, which translates to “either by doing something or by leaving something undone” in Latin, is a legal term that highlights the accountability of individuals for their actions or lack thereof. For instance, if a person fails to fulfil their tax obligations, they can be deemed guilty of vel faciendo vel delinquendo. This example demonstrates how individuals can be held responsible for both their actions and inactions. In this scenario, the person who neglects to pay their taxes is equally culpable as someone who commits a crime, as they have failed to fulfil a legal requirement.
“Vel Faciendo Vel Delinquendo” translates to “either by doing or by not doing” in English. It refers to a legal principle that holds individuals responsible for their actions or omissions.
In criminal law, “Vel Faciendo Vel Delinquendo” means that individuals can be held liable for both their actions and their failure to act when they have a legal duty to do so. It ensures that individuals cannot escape liability by simply not taking action.
Yes, the principle of “Vel Faciendo Vel Delinquendo” can also be applied in civil cases. It allows individuals to be held responsible for both their actions and their failure to act, even if no criminal offense has been committed.
Examples include a doctor failing to provide necessary medical treatment to a patient, a landlord neglecting to maintain a safe living environment for tenants, or a driver not stopping at the scene of an accident they were involved in.
“Vel Faciendo Vel Delinquendo” is broader than the principle of “Actus Reus,” which focuses solely on the physical act or conduct of an individual. “Vel Faciendo Vel Delinquendo” encompasses both actions and omissions, ensuring individuals are held accountable for their failures to act.
No, “Vel Faciendo Vel Delinquendo” cannot be used as a defence. It is a principle that holds individuals accountable for their actions or omissions, rather than providing a legal excuse or justification for their behavior.
“Vel Faciendo Vel Delinquendo” is closely related to the concept of negligence. It reinforces the idea that individuals have a duty of care towards others and can be held liable for any harm caused by their failure to meet that duty.
There may be exceptions to the application of “Vel Faciendo Vel Delinquendo” depending on specific legal jurisdictions and circumstances. It is important to consult with a legal professional to understand the specific laws and exceptions that may apply in a particular case.
Yes, “Vel Faciendo Vel Delinquendo” can be used to establish criminal intent in cases where an individual knowingly and willfully fails to act, resulting in harm or criminal consequences.
“Vel Faciendo Vel Delinquendo” can be considered during the sentencing phase of a criminal case. It may lead to more severe penalties if the court determines that the individual’s failure to act contributed significantly to the harm caused.
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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