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<head>25 March 1826<lb/> | |||
Penal Code.<lb/> | |||
General titles<lb/> | |||
Ch. <del>means of Repression</del> <add>XIII. Remedies</add><lb/> | |||
§§. Punishment.</head> | |||
<note><del>9</del></note> | |||
<note>1<lb/> | |||
Punishment limitation<lb/> | |||
on the side of<lb/> | |||
diminution — Let not<lb/> | |||
the suffering imposed<lb/> | |||
fall short of the profit<lb/> | |||
of the offence</note> | |||
<p>Punishment —<lb/> | |||
Considerations limiting <add>tendency to limit</add> it on the<lb/> | |||
side of decrease <add>diminution</add>.</p> | |||
<p>1. Let not the suffering of the delinquent<lb/> | |||
fall short, in any case of the profit<lb/> | |||
of the offence. In so far as it falls short,<lb/> | |||
the arrangement, through styled penal <unclear>operates</unclear>,<lb/> | |||
and by the amount of the difference,<lb/> | |||
not as a means of repression but as encouragement<lb/> | |||
and a license.</p> | |||
<p>It may happen that, notwithstanding<lb/> | |||
all the care that can be taken on<lb/> | |||
each occasion to adjust the quantity<lb/> | |||
and quality of the punishment to the<lb/> | |||
demand produced by the nature of<lb/> | |||
the offence, the maximum of the<lb/> | |||
punishment so allotted may be oversight,<lb/> | |||
or by this or that special circumstance,<lb/> | |||
having place on the occasion<lb/> | |||
of the individual offence, fall<lb/> | |||
short of overbalancing the profit of it.<lb/> | |||
On every such case, let the deficiency<lb/> | |||
in the particular arrangement, be supplied<lb/> | |||
by this general Rule.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{In_Progress}} |
25 March 1826
Penal Code.
General titles
Ch. means of Repression XIII. Remedies
§§. Punishment.
9
1
Punishment limitation
on the side of
diminution — Let not
the suffering imposed
fall short of the profit
of the offence
Punishment —
Considerations limiting tendency to limit it on the
side of decrease diminution.
1. Let not the suffering of the delinquent
fall short, in any case of the profit
of the offence. In so far as it falls short,
the arrangement, through styled penal operates,
and by the amount of the difference,
not as a means of repression but as encouragement
and a license.
It may happen that, notwithstanding
all the care that can be taken on
each occasion to adjust the quantity
and quality of the punishment to the
demand produced by the nature of
the offence, the maximum of the
punishment so allotted may be oversight,
or by this or that special circumstance,
having place on the occasion
of the individual offence, fall
short of overbalancing the profit of it.
On every such case, let the deficiency
in the particular arrangement, be supplied
by this general Rule.
Identifier: | JB/068/355/002"JB/" can not be assigned to a declared number type with value 68. |
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1826-03-25 |
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068 |
penal code |
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355 |
penal code |
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002 |
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copy/fair copy sheet |
1 |
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recto |
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john neal |
j whatman turkey mill 1824 |
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jonathan blenman |
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1824 |
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22550 |
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