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Crime is a vast subject, and not all crime is equal. One category, malum prohibitum, may sound wonky, but it’s pretty straightforward. 

Knowing them can offer people knowledge, showing the importance of criminal law and how lawyers like a leading criminal lawyer in Mississauga can help in real life. Here’s an overview of what malum prohibitum crimes are.

Defining Malum Prohibitum

Malum prohibitum, by contrast, is a Latin word meaning “wrong because it’s prohibited.” These crimes aren’t about causing physical harm to someone or stealing something — they’re about violating government-ordained rules. 

They’re like laws enacted to maintain a functioning society. Malum prohibitum crimes, conversely, are illegal by some statutes, such as driving without a license. 

It’s not evil but illegal since the law mandated a permit. This is opposed to malum in se crimes, such as murder, that are wrong by their nature.

Common Examples

The majority of ordinary actions are malum prohibitum. Speeding is one. Driving fast doesn’t always hurt anybody, but it’s illegal to protect people. 

An example of this is selling alcohol without a permit. The act isn’t evil, but the rules state that you need permission.  

Examples include parking in a no-parking area and fishing without a license. These laws are in place to dictate behavior, not because the acts are harmful in themselves.

Why These Laws Matter

Malum prohibitum laws are laws created by governments that govern how people perform themselves. 

They help maintain order and safety. For example, having a hunting license ensures individuals understand the limits and hold off on overhunting. 

Without these laws, it could all become very messy. But they can sometimes feel unjust because they’re not grounded in moral wrongs. 

That’s where the right defense law firm comes in to help when someone gets charged.

How They’re Different

Malum prohibitum crimes don’t require intent to harm, unlike malum in se crimes. For example, the court examines your mental intention if you commit a malum in se crime (like theft). 

For malum prohibitum, the only question is whether you violated the rule. In other words, you could still be guilty if you had no idea you needed a permit to sell food. 

That stricture is precisely why knowing criminal law is so valuable; it helps people understand what’s legal.

Penalties

The punishment for malum prohibitum crimes is generally less severe than malum in se crimes. 

Fines are common, somewhat like paying a speeding ticket. Sometimes, there’s jail time, but that’s rarely the case unless the crime is repeated. 

Even if it is a first mistake or if there is any reasonable explanation behind the accused’s action, a leading criminal lawyer can fight hard to lessen these punishments.

The Role of a Lawyer

One of the roles of a criminal lawyer is pivotal when the charge is malum prohibitum. They interpret the law and formulate a defense. 

The person may not have known the rule, or the rule may not have been clear. A lawyer from the right-defense law firm can challenge the evidence or demonstrate that the law was not followed correctly by the police. 

This may mitigate penalties or even dismiss the case entirely.

Final Thoughts

Malum prohibitum crimes involve violations of rules, not harm. They’re frequent and impact millions of people every day. 

Understanding criminal law will help explain why those rules exist and what to do if you’re charged with violating them. 

If you seek a qualified defense law firm and a good lawyer, individuals can handle these cases and keep their rights safe. It’s about understanding the system and advocating for yourself.”