Mala prohibita

(redirected from Malum prohibitum)
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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 ?
By way of special law, it would be wise to make it a public policy to deem fake news a malum prohibitum offense,' she added.
Kainen noted in some instances felonies can be malum prohibitum crimes for relatively minor offenses, such as picking up an arrowhead in a state park, and an automatic suspension in such cases can be harsh.
His discussion is consistent with the notion that state-sponsored force is acceptable but only for true "criminal matters," based on something like the malum prohibitum versus malum in se distinction.
But the supposed "over-criminalization" criticized by the right largely targets acts or omissions that are malum prohibitum, meaning they are deemed illegal under highly technical statutes and regulations that are unintelligible to the average person, including such statutory schemes as Dodd-Frank banking reform and complex environmental laws.
Conditions malum in se cause the entire gift to fail, resulting in a loss for the beneficiary, whereas those deemed malum prohibitum are struck and allow the gift to pass free and clear of the condition.
proscribes conduct that is malum prohibitum (94) as opposed to conduct
Traditional categories differentiating between crimes that are malum in se (145) and malum prohibitum (146) came into existence in criminal law to differentiate between crimes that are inherently wrong and those that are wrong merely because they are prohibited.
40) However, the violation of the Securities Act in Hentzner was a malum prohibitum offense.
as malum prohibitum crimes, (51) which occur when someone violates a
The force of this argument suggests that the case for lenity, and thus the argument for second-order clarity, is strongest for criminal statutes that create offenses that are malum prohibitum, rather than malum in se.