Actus non facit reum nisi mens sit rea
“The act does not make a person guilty unless the mind is guilty.”
Legal maxim, Edward Coke (17th century), after Augustine
What does “Actus non facit reum nisi mens sit rea” mean?
Actus non facit reum nisi mens sit rea translates as “The act does not make a person guilty unless the mind is guilty.”
Guilt needs intent. An accident is not a crime in the same way as a deliberate act.
“Actus non facit reum nisi mens sit rea” word by word
| Latin | English | Grammar |
|---|---|---|
| Actus | the act, the deed | nominative singular masculine of actus, “act, deed” (fourth declension); subject of facit |
| non | not | adverb of negation, here negating facit |
| facit | makes | 3rd person singular present indicative active of facio, “I make, I do” |
| reum | guilty person | accusative singular masculine of reus, “accused, guilty person”; object of facit |
| nisi | unless | conjunction introducing the exception |
| mens | the mind | nominative singular feminine of mens, “mind, intention”; subject of sit |
| sit | is | 3rd person singular present subjunctive of sum, “I am”; subjunctive because the condition is a general, hypothetical one |
| rea | guilty | nominative singular feminine of reus, agreeing with mens; here an adjective |
How to pronounce “Actus non facit reum nisi mens sit rea”
The differences are in facit (hard k versus ch) and nisi (the s is often voiced as z in church Latin). Reum and rea keep the stress on the first syllable in both systems.
The story behind it
Word for word the maxim reads “the act does not make guilty, unless the mind be guilty”. It states a basic principle of criminal law: a harmful deed alone does not make someone a criminal.
The wording is traditionally linked to the English jurist Edward Coke, who recorded it in the 17th century. It is usually traced back to a sentence in the writings of Augustine, who held that it is the intention that makes a deed wrong.
From this maxim comes the legal term mens rea, “guilty mind”, which lawyers contrast with actus reus, “guilty act”. Common-law courts still ask whether a defendant had the required state of mind, and the idea shapes how accidents, negligence and deliberate crimes are told apart.
How to use “Actus non facit reum nisi mens sit rea”
Fits a law school application, a legal essay on intent and responsibility, or a speech about fairness in judging people. As a tattoo or motto it suits anyone who values judging others by their intentions, not only their results.
- Latin
- Actus non facit reum nisi mens sit rea
- English
- The act does not make a person guilty unless the mind is guilty.
- Source
- Legal maxim, Edward Coke (17th century), after Augustine
- Era
- Age of Reason
- Theme
- Justice
Common mistakes
- It does not mean that intent alone is a crime. The maxim says an act needs a guilty mind to count as guilt, not that a guilty mind is enough.
- Reum is the object (accusative) and rea agrees with mens. The same ending is not used twice, so do not “correct” one to match the other.
- Mens rea means “guilty mind” and actus reus means “guilty act”. Mixing up the two halves is a common slip in essays.
- The sentence is a legal maxim of the 1600s, not a text from ancient Rome, so avoid calling it a Roman law.
Questions about “Actus non facit reum nisi mens sit rea”
What does “Actus non facit reum nisi mens sit rea” mean literally?
“The act does not make guilty, unless the mind be guilty.” In plain English: a deed makes someone guilty only if it was done with a guilty mind.
Who said “Actus non facit reum nisi mens sit rea”?
It is a legal maxim recorded by Edward Coke in the 17th century, building on an earlier sentence in Augustine. It is not a quote from ancient Roman law.
What is the origin of the term mens rea?
Mens rea, “guilty mind”, comes from this maxim. It is the mental element of a crime, set against actus reus, the guilty act.
How do you pronounce “Actus non facit reum nisi mens sit rea”?
In classical Latin: AK-toos nohn FAH-kit RAY-oom NIH-sih mayns sit RAY-ah. In church Latin facit and nisi change to FAH-chit and NEE-zee.
More to explore
Translation and grammar checked by Latin Quoter · last reviewed November 2026
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