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Simple English definitions for legal terms
compensatio criminis
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A quick definition of compensatio criminis:
Term: COMPENSATIO CRIMINIS
Definition: Compensatio criminis is a Latin term used in Ecclesiastical law, specifically in divorce cases. It refers to a defendant's plea that the complainant is guilty of the same conduct that the defendant is charged with, particularly adultery. This plea is based on the principle that a person cannot complain about a breach of a contract that they themselves have violated. If the injured party reconciles with the other party after the adultery, it is considered a remission of the offense and a bar to the divorce.
A more thorough explanation:
Definition: Compensatio criminis is a Latin term used in Ecclesiastical law. It refers to a defendant's plea in a divorce case where they allege that the complainant is guilty of the same conduct that the defendant is charged with, especially adultery. This plea is also known as Recrimination.
Example: If a husband is accused of adultery by his wife, he can use compensatio criminis as a defense by claiming that his wife is also guilty of adultery. In this case, the court will consider both parties to be equally at fault, and the divorce may not be granted.
Explanation: The example illustrates how compensatio criminis works in a divorce case. If both parties are found to be guilty of the same conduct, the court may not grant a divorce as it would be unfair to hold one party responsible while the other goes unpunished. This principle is based on the idea that a person cannot complain about a breach of contract that they themselves have violated.