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1826. Jany. Nov. 2. 1831 Aug 20 Sun.
Constitutional CodeCh. XXV. Justice Minister
§. 5. Dispunitive function
Expositive and Ratiocinative
Art. 17 18 19 Remuneration of transcendent public service.
Remuneration of past service is to an indefinite
amount, purchase of future contingent service
in similar shapes.
Instructional.
Art. 20. But, care will require to be taken, lest that
by the exercise of the function on this ground, a virtual
licence be not given to crime: to crime committed
in confidence of impunity by remission of the
punishment notwithstanding detection.
Instructional.
Art. 21. In a case in which total remission will would
not be warrantable, partial remission may be:
provided always that, after the remission, the evil of
the punishment be not anticipated left outweighed by the profit of
the offence.
Instructional and Ratiocinative.
Art. 22. Remission, whether total or partial, may,
with more advantage be accorded, on a ground other
than that of the multitude of the delinquents, than in a
case where that ground has place: since, by that
means – unless in the event of it's operating as a virtual
licence – the beneficial deteriorative deterritive effect, expected
from punishment, will not be produced in
less degree if the function be exercised, than if it
were not exercised.
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