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The distinction between malum in se and malum prohibitum offenses is best characterized as follows: a malum in se offense is "naturally evil as adjudged by the sense of a civilized community," whereas a malum prohibitum offense is wrong only because a statute makes it so. State v. Horton, 139 N.C. 588, 51 S.E. 945, 946 (1905).
Not all violations of Special Penal Laws are mala prohibita. While intentional felonies are always mala in se, it does not follow that prohibited acts done in violation of special laws are always mala prohibita. There are some important distinctions between crimes punishable under the Revised Penal Code and Special Penal Laws.
Malum in se (plural mala in se) is a Latin phrase meaning ' wrong ' or ' evil in itself '. [1] The phrase is used to refer to conduct assessed as sinful or inherently wrong by nature, independent of regulations governing the conduct. It is distinguished from malum prohibitum, which refers to acts that are wrong only because they are prohibited ...
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While crimes are typically broken into degrees or classes to punish appropriately, all offenses can be divided into 'mala in se' and 'mala prohibita' laws. Both are Latin legal terms, mala in se meaning crimes that are thought to be inherently evil or morally wrong, and thus will be widely regarded as crimes regardless of jurisdiction. Mala in ...
Such crimes are public order crimes and are considered mala prohibita, in that the possession of a weapon in and of itself is not evil. Rather, the potential for use in acts of unlawful violence creates a perceived need to control them.