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1831 Sept. 14
Constitutional CodeCh. XXV. Justice Minister
§. 3. Dispunitive function
Enactive. Instructional.
Art. 5. Grounds for As to remission capable of being to be performed by at the hand
of the Justice Minister, are these which follow. it will be subject to the
instruction, restriction and cautions and instructions, in relation to those the various grounds respectively
hereinafter particularized.
1. Ground the first. Of exculpative evidence, discovery made at a
time which at a time subsequent to the conviction of the
delinquent in question.
It may seem that the functionary by whom the dispunitive
function would has will in this case have to be exercised,
to the Judge Immediate by whom the conviction-declaring
decree had been pronounced; or the Judge Appellate,
by whom, on Appeal that same decree had
been confirmed. This accordingly will generally speaking,
be the case. But, it may be, that communication of the discovery
might be has been made to reach the Justice Minister, before it
could be made to reach the abovementioned Immediate Judge or the Appellate Judge
respectively: and that unless com the communication,
unless made to the Justice Minister, might come too late.
Care may, in their case, require to be taken, lest the
convict, having being in time apprised of the existence of the evidence
in question, should purposely postpone till after conviction,
the elicitation of it: for example, for the purpose
of averting the elicitation of some counter-evidence, the
elicitation of which may by the expected death or expatriation
of the Evidence-holder may be accordingly be averted.
Identifier: | JB/041/477/001 "JB/" can not be assigned to a declared number type with value 41.
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