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1823. Novr. 6
Penal Constitutional Code
Quantum of Punishment
In the case of each offence the aptitude of the
punishment in respect of its quantity will depend
upon the & consideration the apt adjustment of
the arrangements considerations rules limiting it on the side of deficiency
and of the dolimiting it on the side of excess.
I. A rule limiting it on the side of the deficiency
1. In no individual instance ought should the punishment whi
actually applied be less than such as the suffering from which will outweigh in
be the mind of the sufferer as great or equiponderant with the enjoyment or say profit
derived by him from the offence for in every instance
in what which any such proportion is appears assured, the offence
will be committed of course the effect of virtual impunity is assured
and the offence will be committed of course.
Should the pe In respect of magnitude should the
punishment ever be in the eyes of the individual in
question exactly equal to its profit of the offence, still even in that case the
offence will not fail to be committed, if in the eyes in question the receipt of
the profit of the offence appears in the eye shall have appeared & appear either
more certain or more near than the endurance
of the punishment.
Identifier: | JB/143/156/001 "JB/" can not be assigned to a declared number type with value 143.
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quantum of punishment |
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