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<p>1831 Aug. 28 Sept. 14<lb/> | |||
<head>Constitutional Code</head><note>Ch. XXV. Justice Minister<lb/> | |||
§. 5. Dispunitive function</note></p> | |||
<p><head>§. 5. <hi rend="underline">Dispunitive function</hi></head></p> | |||
<p><hi rend="underline">Enactive – Expositive – Instructional</hi></p> | |||
<p>Art. 1. By the Justice Ministers <hi rend="underline">dispunitive function</hi><lb/> | |||
understand – the function, to which exercise is given, by<lb/> | |||
the remission of punishment, in a case, in which it stands<lb/> | |||
annext by the law, to the commission of some offence,<lb/> | |||
in this or that one of the several shapes marked out in<lb/> | |||
the Penal Code: as to <del>what</del> which see the Table of Offences,<lb/> | |||
as attached to the Penal Code.</p> | |||
<p><hi rend="underline">Instructional – Expositive.</hi></p> | |||
<p>Art. 2. <add>Principal and</add> All-comprehensive subjects of consideration<lb/> | |||
on this occasion are these –</p> | |||
<p>I. <hi rend="underline">Quantity, of the effect</hi> <del>produced</del> <add>producible, in each instance,</add> by the remission.<lb/> | |||
<del>On this</del> Modifications, of which <del>it is</del> on this ground, <add>it is</add> susceptible,<lb/> | |||
<del>these</del> <add>are these:</add> namely<lb/> | |||
1. <del><gap/></del> Remission of the whole<lb/> | |||
of the <del>appoi</del> punishment appointed by law; say <hi rend="underline">total</hi><lb/> | |||
remission:<lb/> | |||
2. remission of a part thereof more or less<lb/> | |||
considerable; say <hi rend="underline">partial</hi> remission.<lb/> | |||
3. Substitution<lb/> | |||
of a less afflictive <del>(that is to say that which <gap/> according<lb/> | |||
to the declaration of the party punished is less afflictive)</del><lb/> | |||
to the more afflictive punishment appointed by the<lb/> | |||
law:<lb/> | |||
4. Suspension <add>made</add> of the application of the punishment<lb/> | |||
(whether total, partial, or substituted) for and during a<lb/> | |||
time more or less considerable.</p> | |||
<p>By less afflictive understand that which – in<lb/> | |||
the conception of the party about to <del>be punish</del> suffer, it<lb/> | |||
is according to his declaration less afflictive.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1831 Aug. 28 Sept. 14
Constitutional CodeCh. XXV. Justice Minister
§. 5. Dispunitive function
§. 5. Dispunitive function
Enactive – Expositive – Instructional
Art. 1. By the Justice Ministers dispunitive function
understand – the function, to which exercise is given, by
the remission of punishment, in a case, in which it stands
annext by the law, to the commission of some offence,
in this or that one of the several shapes marked out in
the Penal Code: as to what which see the Table of Offences,
as attached to the Penal Code.
Instructional – Expositive.
Art. 2. Principal and All-comprehensive subjects of consideration
on this occasion are these –
I. Quantity, of the effect produced producible, in each instance, by the remission.
On this Modifications, of which it is on this ground, it is susceptible,
these are these: namely
1. Remission of the whole
of the appoi punishment appointed by law; say total
remission:
2. remission of a part thereof more or less
considerable; say partial remission.
3. Substitution
of a less afflictive (that is to say that which according
to the declaration of the party punished is less afflictive)
to the more afflictive punishment appointed by the
law:
4. Suspension made of the application of the punishment
(whether total, partial, or substituted) for and during a
time more or less considerable.
By less afflictive understand that which – in
the conception of the party about to be punish suffer, it
is according to his declaration less afflictive.
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