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Malum in se or malum prohibitum
Topic Started: Mar 29 2007, 08:27 AM (305 Views)
Tedius Zanarukando
Administrator
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Criminal offenses can be divided into two categories: malum in se and malum prohibitum.

The Latin phrase malum in se means "wrong in itself." It refers to acts that are criminal from the nature of the act. Malum in se offenses are considered inherently evil without any fact of its being noticed or punished. They are also known as common law crimes.

The Latin phrase malum prohibitum means "wrong because illegal." It refers to acts that are criminalized by statute, as opposed to malum in se. Malum prohibitum offenses are not inherently evil, and may not appear on the face to directly violate moral standards. A public order crime is a malum prohibitum offense that is prohibited out of necessity to retain public order. A victimless crime is an act by an individual that is illegal, but does not violate or significantly impede on the rights of others. Consensual crimes are victimless in nature, as no rights can be violated or threatened of an individual or organization who has consented to the act in question.

Malum in se crimes

abduction
arson
assault
battery
burglary
child abuse
counterfeiting
crime against humanity
defamation
drunk driving
embezzlement
extortion
forgery
fraud
genocide
larceny
manslaughter
murder
perjury
rape
reckless driving
robbery
shoplifting
treason
vandalism

Malum prohibitum crimes

broken taillight
copyright infringement
discrimination
doing certain things without a license (e.g. driving, fishing, wielding a firearm)
drug possession
indecent exposure
insider trading
parking violations
parallel importation
resisting arrest
selling alcoholic beverages to minors
speeding
unconstitutional legislation
usury
voyeurism
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Ozturk96
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