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1831 Aug. 28 Sept. 14
Constitutional CodeCh. XXV. Justice Minister
§. 5. Dispunitive function
§. 5. Dispunitive function
Enactive – Expositive – Instructional
Art. 1. By the Justice Ministers dispunitive function
understand – the function, to which exercise is given, by
the remission of punishment, in a case, in which it stands
annext by the law, to the commission of some offence,
in this or that one of the several shapes marked out in
the Penal Code: as to what which see the Table of Offences,
as attached to the Penal Code.
Instructional – Expositive.
Art. 2. Principal and All-comprehensive subjects of consideration
on this occasion are these –
I. Quantity, of the effect produced producible, in each instance, by the remission.
On this Modifications, of which it is on this ground, it is susceptible,
these are these: namely
1. Remission of the whole
of the appoi punishment appointed by law; say total
remission:
2. remission of a part thereof more or less
considerable; say partial remission.
3. Substitution
of a less afflictive (that is to say that which according
to the declaration of the party punished is less afflictive)
to the more afflictive punishment appointed by the
law:
4. Suspension made of the application of the punishment
(whether total, partial, or substituted) for and during a
time more or less considerable.
By less afflictive understand that which – in
the conception of the party about to be punish suffer, it
is according to his declaration less afflictive.
Identifier: | JB/041/474/001 "JB/" can not be assigned to a declared number type with value 41.
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