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32
C
Of Theft
2. Because persons offenders would by artifices
which very frequently could undiscoverable
would give themselves an apparent
claim to this exemption, where a real one
was wanting: and by this means practice the
offence with impunity.
3. Because the quantum of the necessity which
contributes the extenuation varies by inscrutible
degrees: so that there is no saying that in this
case the excuse is completely valid, but in
the nearest is it that can be imagined, then
excuse would not be valid. It is very seldom
that one can say of a man who has stolen
a loaf of bread for instance, or "had he not stolen
that loaf nothing could have saved him."
But promise is made even for their non case by making
the 1 circumstance a ground of extenuation:
at least so long as there is a spark
of humanity in the judge.
Question XII
Why spontaneous restitution is made a
ground of extenuation?
Reasons
1.
Because of proportionality diminishes the mischief
of the offence - And Per Introd. Ch. of Proportion]
Rule when a man has made
Identifier: | JB/071/050/004"JB/" can not be assigned to a declared number type with value 71. |
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071 |
penal code |
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050 |
of theft reasons |
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004 |
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text sheet |
4 |
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recto |
f29 / f30 / f31 / f32 |
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jeremy bentham |
[[watermarks::s. lay [britannia with shield motif]]] |
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alexander mavrokordatos |
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23453 |
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