Legal Definitions - si antecedit ictum licet non congressum

The Latin legal maxim si antecedit ictum licet non congressum translates to, "if it precedes the blow, although not actually connected with it."

This principle refers to the concept that the malicious intent (often called "malice aforethought" in criminal law) required for certain serious crimes, particularly murder, does not need to be formed at the exact moment of the harmful physical act. Instead, the necessary intent can exist well in advance of the "blow" or injury, even if there isn't a direct, immediate, or continuous connection between the formation of that intent and the execution of the act itself. It emphasizes that premeditation or a prior-formed malicious purpose is sufficient, regardless of the temporal or physical gap between the thought and the deed.

Here are examples illustrating this principle:

• Example 1: The Calculated Poisoning

  A person, harboring a deep grudge, spends several weeks meticulously planning to poison a rival. They research various toxins, acquire the substance, and wait for an opportune moment. One evening, they discreetly add a tasteless poison to the rival's drink, then leave the room. The rival consumes the drink later, unaware, and dies hours afterward. The perpetrator is long gone by the time the effects manifest.

  How it illustrates the term: The malicious intent ("it") to kill was formed weeks before ("precedes the blow"). The "blow" here is the ingestion of the poison leading to death. The intent was not directly "connected" to the rival at the exact moment of ingestion, nor was the perpetrator physically present or delivering a direct "blow" at that time. The malice existed independently and long before the fatal act occurred.

• Example 2: The Premeditated Ambush

  An individual decides to seriously harm someone who wronged them. They spend days tracking the victim's routine, acquiring a weapon, and planning an ambush at a secluded location. On the chosen day, they hide and wait for the victim to pass by. When the victim appears, the individual springs out and attacks, causing severe injury.

  How it illustrates the term: The malicious intent ("it") to cause serious harm was formed days in advance ("precedes the blow"). While the attack itself is a direct "blow," the *malice* was not a spontaneous reaction but a pre-existing, deliberate plan. The intent was established well before the physical confrontation, demonstrating that the malice "precedes the blow" even if not directly "connected" in the immediate heat of the moment.