Ignorantia juris non excusat
In law, ignorantia juris non excusat (Latin for "ignorance of the law excuses not"),[1] or ignorantia legis neminem excusat ("ignorance of law excuses no one"),[2] is the legal principle that it is not always possible for someone to be seen as innocent simply because he or she does not know the law.
Origin
[change | change source]This principle is said to have originated from Ancient Greece.[3][4]
Basis
[change | change source]ignorantia juris non excusat is said to have been invented for ensuring that laymen could not avoid consequences for their wrongdoings with the excuse of "not knowing the law". It is assumed that some intentionally keep themselves ignorant of the law in the hope that they would not be held liable for anything (willful ignorance).
The principle also presumes that those who do wrongs know something about their behavior's nature under the law as long as the law is made public, either by government gazette or over the internet. Whether the law applies to them, it depends on where they live in and whether the law has been made known to them in reasonable ways.
Applications
[change | change source]This principle has been adopted by some countries. For instance,
- Canada: Criminal Code, section 19[7]
- Philippines: Republic Act No. 386 Civil Code of the Philippines, Article 3[8]
Criminal law
[change | change source]Ignorance may not free someone of their guilt, but it can be a reason for a judge (known as sheriff in Scotland) to give someone a less serious sentence.
Examples
[change | change source]Canada had a criminal case where someone was charged with owning gambling devices illegally after being advised by customs officials that it was legal to bring them into Canada.[9] Despite the person being found guilty, the person was not given any punishments but an absolute discharge ‒ an unconditional discharge by which the court finds that a crime has technically been committed but that any punishment of the defendant would be inappropriate and the case is closed.
Related pages
[change | change source]References
[change | change source]- ↑ Black's Law Dictionary, 5th Edition, pg. 672
- ↑ Black's Law Dictionary, 5th Edition, pg. 673
- ↑ Rowell, Arden (2019). "Legal Knowledge, Belief, and Aspiration" (PDF). Arizona State Law Journal. 51 (1): 225–291 – via Academic Search Complete.
- ↑ Paunović, Dragan (2020). Reljanović, Mario (ed.). "Mistake of Law — Current Status and Perspectives". Regional Law Review. Year 2020. Belgrade ; Hungary ; Osijek: Institute of Comparative Law ; University of Pécs Faculty of Law ; Josip Juraj Strossmayer University of Osijek, Faculty of Law: 183–194. doi:10.18485/iup_rlr.2020.ch14. ISBN 978-86-80186-60-3.
- ↑ Law-Decree 4.657 (compiled), Law of Introduction to Brazilian Law Norms.
- ↑ Law-Decree 2.848 (compiled), Brazilian Criminal Code.
- ↑ Criminal Code, RSC 1985, c C-34, s 19.
- ↑ "Republic Act No. 386 | GOVPH". Official Gazette of the Republic of the Philippines. Retrieved 2018-10-15.
- ↑ R v Potter (1978), 39 CCC (2d) 538, 3 CR (3d) 154 (PEISC).