Corpus delicti

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This article is about a legal term. For the Gothic rock band, see Corpus Delicti (band).

Corpus delicti (Latin: "body of crime") is a term from Western jurisprudence which refers to the principle that it must be proven that a crime has occurred, before a person can be convicted of committing the crime. For example, a person cannot be tried for larceny, unless it can be proven that property has been stolen. Likewise, in order for a person to be tried for arson, it must be proven that a criminal act resulted in the burning of a property. Black's Law Dictionary (6th ed.) defines "corpus delicti" as: "the fact of a crime having been actually committed."

In the Anglo-American legal system, the concept has its outgrowth in several principles. Many jurisdictions hold as a legal rule that a defendant's out-of-court confession, alone, is not sufficient evidence to prove the defendant's guilt beyond a reasonable doubt. A corollary to this rule is that an accused cannot be convicted solely upon the testimony of an accomplice. Some jurisdictions also hold that without first showing independent corroboration that a crime happened, the prosecution may not introduce evidence of the defendant's statement.

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Evidence in the case of British serial killer John George Haigh indicated that he decided to destroy the bodies of his victims with acid because he had the mistaken belief that, in the absence of a corpse, murder could not be proven because there was no corpus delicti. Haigh had misinterpreted the Latin word corpus as a literal body rather than a figurative one.

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