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1825 May June 28 Enactive
Procedure CodeCh. Evidence
§. Deception – modes
Art. 6. As deception may have place
without falshood, so may falshood without deception or any endeavour
to produce it. Such is the case with all false statements
given as such, whether in or worse: novels, romance
and the like.
Art. 7. As in other cases so in this where in so far as after
perpetration or an individual is punitionally punishable so it be for correspondent attempt, endeavour and preparation:
punitionally yes; compensationally, no, for as
much as by the supposition no such effect as deception has
been produced. But if by any such attempt or endeavour
delay vexation and expence has been produced, as for
by obtainment and examination of the intended deceptious evidence,
then in respect thereof the delinquent is responsible compensationally
responsible or punitionally or both, as the case may be.
Art. 8. In so far as the design and endeavour is
fallacious the individual may be punitionally responsible for bias
as well as for false or otherwise fallacious evidence: for
this is one case of an attempt though an unsuccessful one
to deceive. On the present occasion, no deception has place.
But in the mind of the individual remains the disposition
to deceive – a disposition which unless repressed will on
other occasions be as apt to become productive of deception;
as if on the present occasion, instead of happening to be him
who that which was altered had been false, as by the
utterer it was thought to be.
Identifier: | JB/055/163/001"JB/" can not be assigned to a declared number type with value 55. |
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