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<p>1831. Aug. 21<lb/> | |||
<head>Constitutional Code</head><note>Ch. XXV. Justice Minister<lb/> | |||
<del>§. 5. Justice Minister</del><lb/> | |||
§. 5. Dispensative functions Indirect</note></p> | |||
<p>Instructional.</p> | |||
<p>Art. To the Penal <add>Code</add> and the Procedure Code<lb/> | |||
it belongs so to order matters <add>as far as may be,</add> neither punishment<lb/> | |||
itself nor the remission of punishment<lb/> | |||
shall have place <del>without</del> otherwise than according<lb/> | |||
to the intention of the legislature.</p> | |||
<p>Two sorts of persons<lb/> | |||
there are by whom these effects, either or both,<lb/> | |||
may be produced: these are – 1. the legislature itself:<lb/> | |||
2. this or that functionary belonging to the Judiciary<lb/> | |||
<del><gap/> <gap/></del> department: in which latter case<lb/> | |||
may be included even individuals in the cases in which<lb/> | |||
their assistance to the official functionaries of justice is<lb/> | |||
called for by the laws.<hi rend="superscript">⊞</hi> <note><hi rend="superscript">⊞</hi> <add>To individuals</add> As Evidence-holders<lb/> | |||
on every occasion, it<lb/> | |||
<add>belongs, as</add> Prehensors or Messagers<lb/> | |||
on casual occasions<lb/> | |||
to <unclear>lend</unclear> their assistance<lb/> | |||
to the power of the Judge.</note></p> | |||
<p>Numerous and all extensive are the cases in<lb/> | |||
which the money is appearing to enter to <del>do <gap/> <gap/></del> <add>produce a certain effect</add><lb/> | |||
<del>to</del> the legislator <del>does, in effect <gap/></del> <add>produces</add> one effect in any degree<lb/> | |||
different or even contrary: permitting or even commanding<lb/> | |||
a certain act, and in effect, <del><gap/></del> by reason<lb/> | |||
of the penalty <del><gap/></del> is the mode of procedure employed<lb/> | |||
preventing it more effectually than if <del><gap/></del> he had prohibited<lb/> | |||
it: of those cases the consideration belongs to the work<lb/> | |||
intituled <hi rend="underline">Nomography</hi>.</p> | |||
<p>Other cases there are, in which <add>it is</add> by means of the<lb/> | |||
powers <del><gap/> <gap/></del> which he lodges, or the liberty which he leaves<lb/> | |||
in the hands of functionaries belonging to the Judicial department<lb/> | |||
<del>thus <gap/></del> the legislature thus embracing<lb/> | |||
his own declaration and professed <del><gap/></del> desires: of those<lb/> | |||
cases the consideration belongs to the Penal Code and the<lb/> | |||
Procedure Code.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
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.
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