Mala prohibita


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(Law) offenses prohibited by statute, as distinguished from mala in se, which are offenses at common law.

See also: Mala

References in periodicals archive ?
What constitutes a crime can be divided into two classes -- mala in se and mala prohibita. Homicide and robbery are inherently wrong (mala in se).
'After all, the intent to commit the crime is not indispensable since the act committed of is mala prohibita. Hong Fei Logistics, no doubt, facilitated the importation of the said illegal drugs,' it said.
It is less clear how other criminal acts are evil, especially self-regarding and victimless crimes often regarded as mala prohibita, or wrong-as-legally-prohibited.
He is highly skeptical about strict liability, about mala prohibita as grounds of liability, about inchoate offences as grounds of liability, and so on.
In particular, he claims that requiring the satisfaction of his seven constraints would lead to the proscription of indefensible strict liability and criminal paternalism offenses, and to a dramatic reduction in the number of mala prohibita (4) and risk-creation offenses presently authorized in statutes.
In his 28-page petition, Dela Cruz said the OCP-Manila erroneously dismissed the cases when it failed to consider that prohibited acts under the Cybrecrime Prevention Act included 'mala prohibita' (a conduct prohibited by law but not inherently evil) when it deemed the respondents as having acted with right or authority, and when it failed to appreciate the allegations in the complaint affidavit.