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1831. Aug. 29
Constitutional Code.
ulto
Ch. XVII. Justice Ch. VIII Prison Minister
§. 5. Dispensative function
or 5 continued.
Profit by malice may
outweigh to any amount
loss by prosecution.
. &
Second circumstance calling for consideration – Nature of the
offence
or 6
2 Consideration 2d
Nature of the Offences.
In Offences against
Government Co-Delinquents
may be to any number,
number equal to, or even
greater than, that of
non-delinquents.
One class of offences there is which in which on any one occasion it may happen
for individuals in any number to be implicated: that is to offences
affecting the existence of the Government in the hands in which they
find it lodged. Of In these can be the aggregate number of the whole people, the
number of Co-offenders may bear a proportion almost unlimited
it may at any rate constitute a vast majority.
Under an absolute monarchy all men who to a love of
their fellow subjects (of the their country with the phrase is) acted in knowledge
of its own interests, the Co-delinquents — if not in act, at any
rate in wish, and under an adequate ray of hope, in endeavour.
In a state case of things of this sort complexion the multitude of the Co-delinquents
in a circumstance which can not fal fail to be taken into consideration, by
the authority to which it belongs.
To whom then does it belong? To the Justice Minister? No,
for in his belong nor in his possession his possession is not already the stock of appropriate evidence,
To him and By means of such evidence as it belongs to him to choose
to elicit in the only remit that belongs to him would be to
try the whole multitude suppose the majority of the whole are people of an age between a criminality-admitting age for the purpose of having which of them
the punishment should be inflicted.
No: in a case of this sort, to the Government Advocate-General
as per Ch. it belongs to decide to which of the individuals
the Prosecutor shall apply himself: and to the Prison Minister
as belongs to issue for this purpose has appropriate mandate
to the that same Government Advocate.
Identifier: | JB/042/505/002 "JB/" can not be assigned to a declared number type with value 42.
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1831-09-22 |
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recto |
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jeremy bentham |
street & co 1830 |
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antonio alcala galiano |
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1830 |
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[[notes_public::"original, not corrected" [note in jb's hand] "copd"]] |
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