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Indirect Legislation § 6
Political
NOTE
(a) The corpus delecti of
the Civil Law
detection discovery of the fact and [detection] discovery of the person ; which
latter is also called detection.
Now For putting a stop to the enterprize [detection] discovery
of the fact may sometimes be sufficient: but for
bringing the offender to punishment the [detection] discovery
of the person is always necessary. Now in order
to a man's being punished it is necessarily that
he should be recognizable, and that at all times
by those upon whose evidence he is to be convicted,
in orderso far so far forth that they may be able to say assert with
confidence that the person who on the occasion
in question is brought before them is the same
person whom they saw in the act of committing
the offence, or in such oc such circumstances as
induce a probability of his hIaving been concerned
in it. In the same manner it is necessary that
he should be recognizable by all other such ministers
of justice as it may be requisite should have
a personal intercourse with him, whether for the
purpose of warning him to put himself upon his
defence, or where the punishment which impends
over him is of a corporal nature, for the purpose
of making sure of his being forth coming
in readiness to abide it.
<note> It
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Identifier: | JB/087/030/004"JB/" can not be assigned to a declared number type with value 87. |
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jeremy bentham |
[[watermarks::r williams [britannia with shield motif]]] |
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c. hamilton |
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