JB/041/485/001

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1831 Sept. 15
Constitutional CodeCh. XXV. Justice Minister
§. 5. Dispunitive function

Enactive – Instructional

Art. 14. 4. Ground the fourth. Service rendered or
about to be rendered by the delinquent in question, by
information contributing to the conviction of some Co-delinquent
or Co-delinquents.

T In this case, to give
exercise to this to the power of remission will belong –
not to the Justice Minister, but to to a Government Advocate: that is to say the Government Advocate
of the Judicatory by question which congizance is was
originally taken of the offence.

By the Justice Minister, it will not
be to be be exercised, because for the same reason for which the power
of a Judge Immediate will not, unless except in cases of rare
necessity, be exercised. By By the supposition by the Judge Immediate it will
not be to be exercised because the exercise of it has for its effect
the preventing the case from coming into the cognizance of the preserving him the delinquent from being, in the character of a delinquent,
any I brought before any Judge Immediate.

Adequate On the two three points following, adequate assurance will, on this occasion, requires
to be entertained – 1. that without with the information for which so
great a price will have been paid, the conviction of the whole of the
evidence necessary to warrant the conviction of a the defendant
or defendants in question, would will b not have been whole number of the Defendants in question, whatsoever it be,
obtained: likewise that by for this same force be ob will be obtained: 2. that without it, not against any one; 3. that with it, he
obtained the evidence applying to as many as may be,
of the Co- whole number of co-delinquents, of which it is desirable
to obtain the conviction.

Proportioned to the magnitude of the evil of the offence, is the
magnitude of the price thus offered for the hope of contributing
to the prevention of it in future. To confer impunity on
one delinquent with no other effect, and for no other purpose, than the faculty of applying
punishment to another, is, if, by supposition that same faculty
can be obtained gratis, a bargain palpably absurd.

Identifier: | JB/041/485/001 "JB/" can not be assigned to a declared number type with value 41.
Date_1	1831-09-15	Marginal Summary Numbering	14
Box	041	Main Headings	Constitutional Code
Folio number	485	Info in main headings field	Constitutional Code
Image	001	Titles	Enactive - Instructional
Category	Text sheet	Number of Pages	1
Recto/Verso	"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.	Page Numbering	E13
Penner		Watermarks	STREET & Co 1830
Marginals	Jeremy Bentham	Paper Producer	Antonio Alcala Galiano
Corrections		Paper Produced in Year	1830
Notes public		ID Number	001
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