Nemo tenetur armare adversarium contra se

Nemo tenetur armare adversarium contra se

Literal Meaning

Latin, meaning No one is bound to arm his adversary against himself.

Origin

This is an old maxim which is used in modern times.

This maxim is interpreted by many jurists in many cases.

 This maxim is interpreted in many cases and precedents. This maxim states that no one is bound to arm his adversary against himself.

Explanation

A maxim banning mandatory self-incrimination. Near-synonymous with accusare nemo se debet nisi coram Deo. Similar phrases include: nemo tenetur armare adversarium contra se (no one is bound to arm an opponent against himself), meaning that a defendant is not obligated to in any way assist the prosecutor to his own detriment; nemo tenetur edere instrumenta contra se (no one is bound to produce documents against himself, meaning that a defendant is not obligated to provide materials to be used against himself (this is true in Roman law and has survived in modern criminal law, but no longer applies in modern civil law); and nemo tenere prodere se ipsum (no one is bound to betray himself), meaning that a defendant is not obligated to testify against himself.

Illustration

“A” a guilty person who has committed murder is not obligated to in any way assist the prosecutor to his own detriment.

Edited by Vigneshwar Ramasubramania

Approved & Published – Sakshi Raje

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