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JB/549/193/001

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1831. Aug. 21
Constitutional CodeCh. XXV. Justice Minister
§. 5. Justice Minister
§. 5. Dispensative functions Indirect

Instructional.

Art. To the Penal Code and the Procedure Code
it belongs so to order matters as far as may be, neither punishment
itself nor the remission of punishment
shall have place without otherwise than according
to the intention of the legislature.

Two sorts of persons
there are by whom these effects, either or both,
may be produced: these are – 1. the legislature itself:
2. this or that functionary belonging to the Judiciary
department: in which latter case
may be included even individuals in the cases in which
their assistance to the official functionaries of justice is
called for by the laws. To individuals As Evidence-holders
on every occasion, it
belongs, as Prehensors or Messagers
on casual occasions
to lend their assistance
to the power of the Judge.

Numerous and all extensive are the cases in
which the money is appearing to enter to do produce a certain effect
to the legislator does, in effect produces one effect in any degree
different or even contrary: permitting or even commanding
a certain act, and in effect, by reason
of the penalty is the mode of procedure employed
preventing it more effectually than if he had prohibited
it: of those cases the consideration belongs to the work
intituled Nomography.

Other cases there are, in which it is by means of the
powers which he lodges, or the liberty which he leaves
in the hands of functionaries belonging to the Judicial department
thus the legislature thus embracing
his own declaration and professed desires: of those
cases the consideration belongs to the Penal Code and the
Procedure Code.


Identifier: | JB/549/193/001
"JB/" can not be assigned to a declared number type with value 549.

Date_1

1831-08-21

Marginal Summary Numbering

6-8

Box

549

Main Headings

Folio number

193

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constitutional code

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001

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Category

text sheet

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recto

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Penner

jeremy bentham

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jeremy bentham

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Corrections

jeremy bentham

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