locus poenitentiae (loh-k[schwa]s pen-[schwa]-ten-shee-ee). [Latin “place of repentance”]
1. A point at which it is not too late for one to change one’s legal position; the possibility of withdrawing from a contemplated course of action, esp. a wrong, before being committed to it.
“The requirement of an overt act before conspirators can be prosecuted and punished exists … to provide a locus poenitentiae an opportunity for the conspirators to reconsider, terminate the agreement, and thereby avoid punishment.” People v. Zamora, 557 P.2d 75, 82 (Cal. 1976).
2. The opportunity to withdraw from a negotiation before finally concluding the contract. [Cases: Contracts 138(3). C.J.S. Contracts §§ 280–281, 283, 290.]
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