Poena Ordinaria Law and Legal Definition

Punishments are of two types. Ordinaria and extraordinaria. Poena ordinaria is ordinary or usual punishments. Punishment provided for certain offences are fixed and certain under law. For ordinaria punishments there are fixed rules. In such cases judges has no discretion, but to award punishment according to law. In certain other cases judges has got discretion in awarding sentence. These are extraordinaria. They are not regulated by any determined rule. An extraordinaria punishment lies entirely in the power and discretion of the judge. The discretion is limited to the extent and duration of punishment and not to the nature.