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Indirect Legislation
Corpus delicti §
§. Encreasing the facility of discovery. Exposing the fact of the offence to discovery.
§. Rendering the fact of the offence recognizable
There are two points of knowledge things articles of information which
the judge in penal matters must possess be apprised of,
ere he can
discharge his office: the fact of the offence, and the person
of the offender: these obtained, his knowledge is
compleat. In different cases offences obscurity spreads itself
on over these two points in different proportions: sometimes in some situations offences
the deepest shade follows falls on the first one of these points:
in others, on the other second (a). Let us begin with that which
concerns the fact of the offence.
(a) This distinction makes a much greater figure in
the laws of those nations which deal more with borrow more from the
Roman law than it does in ours: in the that Roman
law it is distinguished by a technical phrase there is a technical phrase to call it by. : corpus
delicti : in French, corps du delit.
Identifier: | JB/087/153/001 "JB/" can not be assigned to a declared number type with value 87.
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