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<note>13</note> | |||
<head>Indirect Legislation</head> | |||
<note>Accessory</note> | |||
<p><add>In</add> the Theresian code, (the only <del>one</del> penal code as<lb/>yet existing in which thing like regularity and<lb/><gap/> is aimed at) under every head of delinquency<lb/>there is a head of <hi rend="underline">indicia</hi> as they are<lb/>called in the Latin <del><gap/></del> contents inserted in the <lb/>margin. These are distinguished into <hi rend="underline">indicia ad<lb/>captiram</hi> and <hi rend="underline">indicia ad torturam</hi>: evidentiary <lb/>circumstances sufficient to warrant arrest, and such<lb/>as are sufficient to warrant torture; a practise<lb/>not there as yet abolished.<lb/></p><p><del>As</del><lb/></p><p>As the offences <del>here called evidentiary | |||
</del><lb/>last mentioned are evidentiary of the perpetration or<lb/>consummated offence, so are <del>attem</del> preliminary offences<lb/>attempts and preparations of the <add>criminal</add> disposition to <sic>committ</sic><lb/>it on the part of the <del>offe</del> person in question<lb/>to <del><sic>committ</sic></del> perpetrate an offence of the<lb/>kind in question. If then it appears by<lb/>other evidence that an offence of that kind was<lb/>actually committed <del>these inchoate</del> the offence belongs<lb/>not only to the first but to the fourth of the<lb/>classes above distinguished.<lb/></p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{In_Progress}} | ||
13
Indirect Legislation
Accessory
In the Theresian code, (the only one penal code as
yet existing in which thing like regularity and
is aimed at) under every head of delinquency
there is a head of indicia as they are
called in the Latin contents inserted in the
margin. These are distinguished into indicia ad
captiram and indicia ad torturam: evidentiary
circumstances sufficient to warrant arrest, and such
as are sufficient to warrant torture; a practise
not there as yet abolished.
As
As the offences here called evidentiary
last mentioned are evidentiary of the perpetration or
consummated offence, so are attem preliminary offences
attempts and preparations of the criminal disposition to committ
it on the part of the offe person in question
to committ perpetrate an offence of the
kind in question. If then it appears by
other evidence that an offence of that kind was
actually committed these inchoate the offence belongs
not only to the first but to the fourth of the
classes above distinguished.
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Identifier: | JB/087/175/001"JB/" can not be assigned to a declared number type with value 87. |
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087 |
indirect legislation |
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175 |
indirect legislation |
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001 |
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text sheet |
4 |
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recto |
f15 / f16 / f17 / f18 |
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jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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27700 |
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