Examples of these are the popular punitive action; the
distinction between dolus bonus and dolus malus, which belongs
to the theory of motives; the stress laid upon intentions rather
than upon their actual outcome; the law of exceptio veritatis in
cases of slander, which under the pharisaism of the classical
theory serves only to give immunity to knaves; the penalty of
twofold or threefold restitution for theft, in place of a few days
or weeks in prison; the condemnation of the most hardened
criminals to the mines, instead of providing them with cells, as
comfortable as they are ineffectual--apart from the consideration
that the firedamp in mines and the unhealthiness of penal
settlements would be less mischievous if their victims were the
most dangerous criminals rather than honest miners and husbandmen.
To return to the popular penal action, it is so commonly
advocated, even by the classical school, that it is necessary to
say another word on the subject.
Gneist, from his special point of view, proposed that this action
should be introduced into penal procedure, as against electoral
and press offences, offences against the law of public meetings
and associations, and the abuse of public authority.
Pages:
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230