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Penal Code B.1. General Titles
Ch. VII. Offences III Division of Offences
§. . Principal & accessory
☞ Insert here Introduction by by
Tit. Of Offences principal and accessory
An offence is any act, considered as forbidden by
the law.
Synonymous to offence, are delinquency, and transgression,
misdemeanourwith reference to law, misconduct, misbehaviour, without
reference to law: sin, wickedness with reference to divine law.
A crime is any offence considered as being productive
or tending to be productive of a quantity of mischief comparatively greater
as being on that or any other account, in the mind of him by whom the word is employed the object of
a degree of odium comparatively great: or as being
an offence to which on one or other of the above accounts, or on any other account a quantity of punishment comparatively
great does actually stand attached by
law.
Between offences which are not crimes and offences
which are crimes no determinate law of distinction
ever has been or in the nature of the case is capable
of ever being drawn. This assert Of this word alone
employed the experienced effect is to inflame the antisocial passions, and as
towards the offence and the offender to produce
a degree of antipathy, and thence a desire of causing
punishment to be inflicted, beyond what the a calm
examination consideration of the demand for punishment would prescribe.
It has therefore been carefully excluded from
the present Code. So likewise its the several conjugates of the , to
wit criminal and criminality: except one case excepted
in which the distinction between criminality and
non criminality being manifest,+ + viz See Tit. Criminal consciousness. and a particular need of demand for
adjunct criminal presenting itself, use is accordingly made of it.
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