288
CRIMINAL - LAW
of Z. having nothing in his pocket. A. is gnilty under this Continental Codes, and more especially the Italian Penal Codes. All Codes have an opening chapter where the section.” Passing on to the system of criminal procedure which is general principles of criminal law in its practical applicaset forth in detail in the Code of Criminal Procedure as tion are enunciated, such as, for instance, the rules that— amended in 1898, it is no doubt modelled on the (1) no person is liable to punishment for any act not ^odTof English system, but with considerable modifica- expressly declared to be an offence; (2) no person can be Criminal tions. The principal steps are—(1) arrest by the punished for an act which by virtue of a sub- Non_ Procedure. p0iice and inquiries by the police; (2) the issue sequent law is declared not to be an offence; (3) British of summons or warrant by the magistrate; (3) the mode whoever commits an offence within the kingdom criminal rocedure of procedure before the magistrate, who may either try the is tried and punished according to the criminal P law of the kingdom, and by the tribunals created for accused himself or commit him to the Sessions or the High Court, according to the importance of the case; (4) pro- the administration of justice, to the exclusion of special cedure before the Court of Session; (5) appeals, reference tribunals created for temporary purposes. This rule really lays down that no citizen can be deprived of his own and revision by the High Court. Elaborate provision is made for the prevention of offences, judges when he is accused of a criminal offence. (4) A as regards security for keeping the peace and for good citizen, although he may have been tried in a foreign behaviour, the dispersion of unlawful assemblies, the sup- country for an offence committed within the kingdom, can pression of nuisances, disputes as to immovable property, be retried according to the law of the kingdom; (5) exwhich in all Oriental countries constitute one of the most tradition only applies to foreigners, not to citizens. The preliminary chapter is followed by the classification of frequent causes of a breach of the peace. Ample provision is thus made for the prevention of offences according to the importance of the punishments offences, and the Code next deals with the mode of prose- the law assigns to them. The lowest degree of offence is denominated “contravention.” It applies mainly to the cution of offences actually committed. As a general rule, every offence is inquired into and pettiest offences, or to infractions of police regulations, and tried by the court within the local limits of whose jurisdic- can be punished by fine or by imprisonment under a week,, tion it was committed. Differing from the practice of or by both fine and imprisonment, limited to a week. Continental countries, all offences, even attempts, may be Next comes the “ delit,” which includes all offences punished prosecuted after any lapse of time. As in England, there by imprisonment over a week and under five years. Then, finally, we arrive at the “crime,” the highest form of is no statutory limitation to a criminal offence. A simple procedure is provided for what are called offence in French Criminal Law. It includes all offencessummons cases, as distinguished from warrant cases the subject to a more severe sentence than the punishment first being offences for which a police officer may arrest assigned to a delit. All cases are held to be crimes where' without warrant, the second being offences where he must death, life-imprisonment with or without hard labour, have a warrant, or, in other words, minor offences and deportation out of the kingdom, detention or seclusion important offences. In summons cases no formal charge in a fortress or other expressly assigned place, are theneed be framed. The magistrate tells the accused the punishments mentioned by the law. A certain number of particulars of the offence charged: if he admits his guilt, explanatory definitions follow, of which the most important he is convicted ■ if he does not, evidence is taken, and a concern attempts to commit offences, and in “ crimes ” they finding is given in accordance with the facts as proved. are punishable if the execution of the attempt was only When the complaint is frivolous or vexatious, the magistrate prevented by circumstances beyond the will of the offender, has the power to fine the complainant. The Code gives whilst in “ delits” an attempt is not punishable as an power of criminal appeal which goes much farther than offence unless the law specially provides that it should bepunished. As regards “contraventions,” attempts notthe system in England. In cases tried by a jury, no appeal lies as to matters of carried out are not held to be offences at all. Accomplices fact, but it is allowed as to matters of law; in other are generally subject to the same punishment as the princases, criminal appeal is admitted on matters of law and cipal. Old offenders (recidivistes) are subject to severer punishments. The usual exceptions as regards responsifact. In addition to the system of appeal, the superior courts bility for crime, such as madness and extreme youth and are entrusted with a power of revision, which is maintained force majeure, are to be found in all Codes. The excuse? automatically by the periodical transmission to the High of youth extends to all offenders under the age of sixteen, Courts of calendars and statements of all cases tried by when the tribunal decides whether the offender has acted the inferior courts; and at the same time, wdienever the without “discernment,” and acquits where the discernHigh Court thinks fit, it can call for the record of any ment is not found, whilst one-half of the usual punishment trial and pass such orders as it deems right. All sentences is inflicted where discernment is found. Foreign Codes of death must be confirmed by the High Court. No appeal differ from the English law in allowing the injured party lies against an acquittal in any criminal case. This system to claim damages in the criminal suit, appearing as partie of appeal, superintendence, and revision would be totally civile. On another question there is a wide divergence inapplicable to England, but it has proved eminently on the Continent from English law. According to the law successful as applied to the present social condition of the of England there is no prescription in criminal law. An inhabitants of India. The appeals keep the judges up to offender is always liable to punishment whatever time may their work, revision corrects all grave mistakes, superin- have elapsed since the committal of the offence. On the tendence is necessary as a kind of discipline over the Continent the limitation of a judgment and sentence for conduct of judges, who are not subjected, as in England, a crime is twenty years; five years for a delit, and for acontravention two years. No proceedings can be taken to the criticism of enlightened public opinion. The French Penal Code and Code of Criminal Procedure as regards a crime after a lapse of ten years, whilst as are still substantially the model of all systems of Continental regards a ddit the limit is three years, and two years for a criminal law. They were promulgated in 1811 by Napoleon contravention. There are three main differences between I., and although he called in the aid of the greatest French English criminal procedure and Continental criminal projurists, he guided, and occasionally even revised, their cedure. 1. A criminal prosecution directed on Continental labours. The French Codes have been amended by later
