Malum in se - Definition and Overview

Malum in se (plural mala in se) is a Latin phrase meaning wrong in itself; it is an act that is illegal from the nature of the act, i.e. it is inherently evil without any fact of its being noticed or punished; such crimes as larceny, rape and murder are considered malum in se. This concept was used to develop the various common law crimes.

This term is to be distinguished from Malum prohibitum which simply means wrongs that are prohibited, i.e. not necessarily inherently immoral or hurtful, but only wrong by statute, such as parking violations.