Legal Definitions - in periculo constitutus

in periculo constitutus

This Latin phrase translates to "standing in danger" or "placed in peril." Historically, it described a situation where a person, object, or entity was in a state of significant and often immediate risk or jeopardy.

• Example 1: A Ship in Distress

  Imagine a 16th-century trading vessel, far from port, caught in a sudden and violent storm. The ship's rigging is severely damaged, its hull is taking on water, and the crew is struggling to keep it afloat amidst towering waves.

  In this scenario, the ship and its crew are in periculo constitutus because they are in a precarious and life-threatening situation, facing imminent danger of being lost at sea.

• Example 2: A Defendant Facing Severe Charges

  Consider a person in a historical legal system accused of a capital crime, such as treason, where the penalty is death. This individual stands before a powerful court with little opportunity to present a defense, and the evidence against them, though perhaps circumstantial, is presented forcefully.

  The accused is in periculo constitutus because their life is in grave danger due to the severity of the charges and the formidable legal challenge they face.

• Example 3: A Structure on the Brink of Collapse

  Picture an ancient bridge, vital for connecting two towns, that has been severely eroded by a recent flood. Its central arch shows deep cracks, and parts of its foundation have visibly shifted, indicating it could give way at any moment.

  The bridge is in periculo constitutus as it is in an unstable state, posing an immediate and serious danger to anyone attempting to cross it or to the river traffic below.