Societas delinquere non potest
“A corporation cannot commit a crime.”
Criminal-law maxim
What does “Societas delinquere non potest” mean?
Societas delinquere non potest translates as “A corporation cannot commit a crime.”
It expresses the traditional view that only individuals, not companies, can be criminally liable. Many countries have since moved away from it and now prosecute corporations.
“Societas delinquere non potest” word by word
| Latin | English | Grammar |
|---|---|---|
| Societas | a company, a corporation | nominative singular feminine (subject) of societas, “partnership, company”; in modern legal Latin it also means a business entity |
| delinquere | to commit an offence | present infinitive active of delinquo, “I fail, I commit a wrong”; the verb behind English “delinquent” |
| non | not | adverb of negation, negating potest |
| potest | can, is able | third person singular present indicative active of possum, “I am able”; here it takes the infinitive delinquere |
How to pronounce “Societas delinquere non potest”
The two systems differ only in the c of societas: a hard k in Classical, ch in Ecclesiastical. Stress falls on the last syllable of societas, the third syllable of delinquere and the first of potest.
The story behind it
Word for word the maxim says “a company cannot commit an offence”. It states that criminal responsibility belongs to human beings, not to legal entities such as corporations.
It is a principle of European criminal-law doctrine, especially in Germany, Italy and Spain. Although it is phrased in Latin, it does not come from Roman texts, so it is a modern formulation in the scholarly language of the law.
Behind it lies the idea that guilt requires a mind and a will, which only a person has. Many legal systems have since moved away from the rule and now prosecute corporations, so the maxim is today often quoted as a view that has been challenged or abandoned.
How to use “Societas delinquere non potest”
Works well as a provocative title or opening line for a debate, lecture or essay on corporate criminal liability and business ethics. It also suits a law-school discussion of how legal doctrine changes over time.
- Latin
- Societas delinquere non potest
- English
- A corporation cannot commit a crime.
- Source
- Criminal-law maxim
- Era
- Legal Latin
- Theme
- Justice
Common mistakes
- It is not a Roman legal rule. It is a modern doctrinal maxim, so do not attribute it to Roman jurists or to Justinian’s Digest.
- It does not describe the law everywhere today. Many countries now hold corporations criminally liable, so quoting it as current law can be wrong.
- Do not read societas as “society” in the broad social sense. Here it means a company or legal entity.
- The verb is delinquere, not the English-looking “delinquire”, and it depends on potest.
Questions about “Societas delinquere non potest”
What does “Societas delinquere non potest” mean?
“A corporation cannot commit a crime.” It expresses the traditional view that only individuals, not companies, can be criminally liable.
Who said “Societas delinquere non potest”?
No single author. It is a criminal-law maxim from European legal doctrine, especially in Germany, Italy and Spain, and it is not found in Roman texts.
Is “Societas delinquere non potest” still true today?
In many countries it is not. Several legal systems have moved away from the principle and now prosecute corporations.
How do you pronounce “Societas delinquere non potest”?
In Classical Latin: soh-kee-eh-TAHS deh-lin-KWEH-reh nohn POH-test. In Church Latin the c of societas becomes ch.
More to explore
Translation and grammar checked by Latin Quoter · last reviewed November 2026
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