JB/068/303/001

Click Here To Edit

1826. April 16
Penal Code. Ch. Means of Repression
§. 1. Compensation Rules for the Judge

Art. 20 Case . Circumstances unequal: Wrongdoer one: wrongee one. Wrongdoer
poor: wrongee rich. For compensation to the rich wrongee
taken from the poor wrongdoer the sum which had there under the name of would have been imposed upon him had the case been one
in a case in which affords there is no individual specially
injured as in the case of a purely public offence, or
an attempt to commit a p an offence which if committed
would have been a spec semipublic offence: At this point
stop. For, by the supposition, this quantity suffices for the
purpose of repression: it suffices to prevent a sinister eventually
intended wrongdoer from expecting a net profit from the
like offence. If then the quantum of the compensation money
were increased beyond this mark, the poor wrongdoer thus
punished afflicted might be made to suffer experience a suffering
ten, twenty, a hundred times greater from the loss of the
money than the enjoyment reaped by the rich wrongee from
his acquisition of it.

Art. 21. Note that by it is here assumed, that in virtue of a preceding or here ensuing rule
the poor wrongdoer has in this way mode or by ulterior punishment
in a different form mode been effectually divested of all profit
in every shape from the offence.

Art. 22. If, by reason of the smallness of the compensation
sum adjudged, the rich wrongee declines receiving it, the
Judge will order it to assign it over to be paid into the Helpless Litigant's
fund.

Art. 23. Moreover it will be for the Judge to be aware
of the case in which the poor wrongdoer is but an instrument
in the hands of some other person or persons
by whom a portion or the whole of the profit of the offence
has been, or was intended to be, reaped: in this case, he
will use employ his endeavours in bringing to justice all such latent
co-delinquers co-offenders, and impose upon the poor wrongdoer a penalty punishment
which not being pecuniary can not, as a pecuniary or quan

Identifier: | JB/068/303/001"JB/" can not be assigned to a declared number type with value 68.
Date_1	1826-04-16	Marginal Summary Numbering	20-23
Box	068	Main Headings	penal code
Folio number	303	Info in main headings field	penal code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d6 / e6
Penner		Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	22498
Box Contents