Lucius Malfoy was another such Dark Wizard who avoided imprisonment in Azkaban after Voldemort's first defeat in 1981 by claiming that he had been under the Imperius Curse. Malfoy, Macnair, and several others still eluded justice under the cover of this lie. However, they were not perfect in proving deception. While their claims were accepted, the Ministry assigned personnel to attempt to determine who was truly under the curse and who was lying just to escape punishment. It was also at that time that many Death Eaters, such as Lucius Malfoy, Corban Yaxley, Walden Macnair, Avery, Crabbe, Nott and Goyle claimed that they had served under Lord Voldemort only because of the Imperius Curse. This was repealed once the war was over, as it was no longer necessary.
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Some job for the Ministry, trying to sort out who was being forced to act, and who was acting of their own free will." - Barty Crouch Jnr on the Imperius Curse's controversy ĭeath Eaters facing the Council of Magical Law for their use of the Unforgivable Cursesĭuring the First Wizarding War, when Bartemius Crouch Senior was in charge of the Department of Magical Law Enforcement, he fought violence with violence, and legalised the three Unforgivable Curses for Aurors against the Death Eaters in order to win the war. " Years back, there were a lot of witches and wizards being controlled by the Imperius Curse. Many Secret Keepers in the past were subjected to the Imperius and Cruciatus Curses in an attempt to divulge the secrets they kept, but to no avail, as the Keeper had to reveal their secret willingly and voluntarily.
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The use of any of these three curses on a fellow human being would result in a life sentence in Azkaban, unless there was sufficient evidence that the caster did so under the influence of another's Imperius Curse this was known to be a loophole that many Dark Wizards and Witches abused and lied about while they were facing trial and awaiting their sentence to prison time, particularly after the First Wizarding War. The Imperius Curse was deemed by the Ministry to be dark magic, and, along with the Cruciatus and Killing curses, were declared " unforgivable" in 1717. Īfter the Wizards' Council was reformed into the Ministry of Magic, tighter restrictions were placed on the use of certain kinds of magic. The Imperius Curse was invented during the early Middle Ages. " The Cruciatus, Imperius, and Avada Kedavra Curses were not made unforgivable until 1717, with the strictest penalties attached to their use." - Albus Dumbledore's notes in The Tales of Beedle the Bard