Criminal Code

“ The penal code and the code of criminal procedure that have replaced it attempt to ensure that criminals are not able to evade the penalties provided for in the law but, at the same time, there is a stated guarantee against the arrest, trial, or conviction of innocent persons. ”

“ From and after the coming into operation of the Criminal Code, when in any law reference is made to the Penal Code or its provisions, it shall be taken that reference is intended to the Criminal Code or its corresponding provisions, as the case may be. ”

“ If you leave out of consideration the established cases of exceptional and rare human psychology mentioned in the penal code, all other cases serve the judge merely as an excuse to select from the criminal code the number of that article which will fit the criminal dummy, and if he should paste 404 instead of 407 on its back, the court of appeals would resist, any change of numbers. ”

“ The basis of the 3d section of the act of 1825 was the 11th section of a bill drawn by Mr. Justice Story, and of such 11th section its author said (Life of Justice Story, Boston, 1851, vol. 1, p. 293) :
'This is the most important section of the whole bill. The criminal Code of the United States is singularly defective and inefficient . . . Few, very few, of the practical crimes (if I may so say) are now punishable by statutes, and if the courts have no general common-law jurisdiction (which is a vexed question) , they are wholly dispunishable. ”

“ That the provisions of this act shall regulate the proceedings in all prosecutions and penal actions in all the courts of this territory, from and after the passage hereof, and shall be known as the Criminal Code.
PERSONS CAPABLE OF COMMITTING CRIMES.
A crime or misdemeanor.Section 1. A crime or misdemeanor consists in a violation of a public law, in the commission of which there shall be a union of joint operation of act and intention, or criminal negligence. ”

“ The third proposition of the positive school in regard to individual guarantees, which was also advanced by M. Puglia, is connected with reform of the penal code, and especially with the more effectual indemnification of the victims of crime. The object is to prune the long and constantly increasing list of crimes, offences, and contraventions of all acts which result in slight injury, committed by occasional offenders, or ``pseudo- criminals''—that is, by normal persons acting merely with negligence or imprudence. ”

“ A failure on the part—
(a) of a police officer to comply with any provision of such a code; or (b) of any person other than a police officer who is charged with the duty of investigating offences or charging offenders to have regard to any relevant provision of such a code in the discharge of that duty, shall not of itself render him liable to any criminal or civil proceedings.
(11) In all criminal and civil proceedings any such code shall be admissible in evidence ”

“ The French codes have been improved upon by later European codes, and more especially by the Italian penal code. All European codes have an opening chapter where the general principles of criminal law in its practical application are enunciated, such as, for instance, the rules that— (1) no person is liable to punishment for any act not expressly declared to be an offence; (2) no person can be punished for an act which by virtue of a subsequent law is declared not to be an offence ”

“ But if a criminal trial ought to be, on the other hand, a physio- psychological examination of the accused, the crime being relegated to the second line, as far as punishment is concerned, the criminal being kept in the front, then it is clear that the penal code should be limited to a few general rules on the modes of defence and social sanction, and on the constituent

elements of every crime and offence, whilst the judge should have greater liberty, controlled by the scientific and positive data of the trial, so that he may judge the man before him with a knowledge of humanity. ”

“ If no specific penal law can be directly applied to this act, then it shall be punished according to the law whose underlying spirit can be most readily applied to the act.” [24]
At the same time, the following articles were added to the code of criminal procedure:
“Article 170a—If an act deserves punishment according to the sound sentiment of the people, but is not declared punishable in the code, the prosecution must investigate whether the underlying principle of a penal law can be applied to the act and whether justice can be helped to triumph by the proper application of this penal law. ”

“ When anyone arrests a thief, or any other criminal, he must straightway conduct him before the judge; and he must not keep him in his house longer than one day, or one night. If anyone should violate this provision, he shall be forced to pay five solidi to the judge for his insolence. If a slave should do this, without the knowledge of his master, he shall receive a hundred lashes, but if he should do it with the [246] master’s consent, all liability for damages shall be incurred by the latter. ”

“ The amendment of section 9 by the substitution for subsections (2) and (3) of the following subsections:
“ (2) A Court of a Senior Military Judge may, subject to subsection (3) , try any person subject to the Code for any offence, other than murder, treason, rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, or culpable homicide committed within the Republic, and may on conviction sentence the offender to any punishment referred to in section 12. ”

“ SUHAKAM referred to recent amendments to the Penal Code and Criminal Procedure Code which led to positive changes, such as eliminating confessionary statements; detailed procedures for body searches; requiring public prosecutors to provide trial documents before trial to defence counsel; requiring remand periods to be in accordance with the severity of the crime ”

“ They empower the district munsifs (who are the deputy tahsildars) to try suits up to Rs. 500 in value, the Divisional Officers (who have the civil powers of sub-judges) those between Rs. 500 and Rs. 5,000, and the Agent those above the latter sum in value. Criminal justice is administered as elsewhere, both the Penal Code and the Criminal Procedure Code being in force, except that there is no trial by jury. ”

“ These illustrations are selected at random from the New York Penal Code.
Where every business, profession, and sport is hedged around by such chevaux-de-frise of criminal statutes, he must be an extraordinarily careful as well as an exceptionally well-informed citizen who avoids sooner or later crossing the dead-line. It is to be deprecated that our law-makers can devise no other way of regulating our existences save by threatening us with the shaved head and striped shirt. ”

“ The careless nurse is a criminal and may be confined in a penitentiary; while perhaps a man who may be guilty of a great iniquity and known to be so drives nonchalantly off in his coach and four.
What is crime? We may well ask the question, only eventually to be confronted by that illuminating definition with which begins the Penal Code—"A crime is an act or omission forbidden by law and punishable upon conviction by ... ”

“ Punishment for using criminal force otherwise than on grave provocation 352A. Punishment for using criminal force by spouse 353. Using criminal force to deter a public servant from discharge of his duty 354. Assault or use of criminal force to a person with intent to outrage modesty 355. Assault or criminal force with intent to dishonour a person, otherwise than on grave provocation 356. Assault or criminal force in attempt to commit theft of property carried by a person 357. Assault or criminal force in attempt wrongfully to confine a person 358. ”

“ Lawes the simplest and the shortest Penal Code that ever nation had, providing broadly for every crime in the calendar, with penalties ranging from a fine of a plaited straw hat to a maximum of six months' labour on the roads. The omission was criminal assault upon children—a crime unknown in Niué, Mr. ”

“ Abetment of an offence punishable with imprisonment 117. Abetting the commission of an offence by the public, or by more than ten persons 118. Concealing a design to commit an offence punishable with death or imprisonment for life 119. A public servant concealing a design to commit an offence which it is his duty to prevent 120. Concealing a design to commit an offence punishable with imprisonment Chapter VA: Criminal Conspiracy 120A. Definition of criminal conspiracy 120B. Punishment of criminal conspiracy Chapter VI: Offences against the State 121. ”

“ Subject to the provisions of Part 5, the High Court may, upon the application of the Public Prosecutor, make an organised crime prevention order against a person if, upon giving the person a reasonable opportunity to be heard—
(a) the court is satisfied, on a balance of probabilities, that the person has been involved in a Part 2 offence, or a serious offence associated with an organised criminal group ”

“ The law, therefore, makes it a positive condition that before any one, whether he be citizen or officer, may arrest another for a felony not committed in his presence the felony must in fact have been committed. Thus the right to apprehend a suspected wrong-doer is invoked at the peril of him who seeks to exercise it. If no felony has been committed the arrest is illegal. ”

“ There were no formalities, no hearings, no taking of evidence, no arguments and no briefs. We held that such a procedure was permitted by Rule 42 of the Federal Rules of Criminal Procedure, 18 U.S.C.A., which codified the "prevailing usages at law." ”

“ Provided, That all persons may elect to sue for the penalties aforesaid, or to proceed under their rights at common law and by State statutes; and having so elected to proceed in the one mode or the other, their right to proceed in the other jurisdiction shall be barred: But this provision shall not apply to criminal proceedings, either under this act or the criminal law of any State: and provided further, That a judgment for the penalty in favor of the party aggrieved, or a judgment upon an indictment, shall be a bar to either prosecution respectively. ”

“ If upon a report in writing made by a police officer or an officer referred to in sub-section (1) of section 7, any Designated Court has reason to believe that any person, who has committed an offence punishable under this Act or any rule made thereunder, has absconded or is concealing himself so that he may not be apprehended, such court may, notwithstanding anything contained in section 82 of the Code, publish a written proclamation requiring him to appear at a specified place and at a specified time not less than fifteen days. ”

“ If, as it thus appears, acts are meet for punishment, only because they infringe a right, or because they interrupt the operations provided for the protection of rights, it is evident, that, in the definition of one set of those acts, must be included the specification of the right which is infringed; and, in the definition of the other, must be included the specification of the operation disturbed. Before, therefore, an accurate penal code can exist, there must exist an accurate civil code, and also what we may call a constitutional or political code ”

“ Each Party shall, where appropriate, establish under its domestic law a long statute of limitations period in which to commence proceedings for any offence established in accordance with paragraph 1 of this article, and a longer period where the alleged offender has evaded the administration of justice.
9. Each Party shall take appropriate measures, consistent with its legal system, to ensure that a person charged with or convicted of an offence established in accordance with paragraph 1 of this article, who is found within its territory, is present at the necessary criminal proceedings. ”

“ When we speak of the repression of crime, we must first of all distinguish between that which is due to the general character of penal legislation, more or less severe, and that which is secured by the administration by the judges of the law as it is. ”

“ When his personal or property rights are infringed upon, the victim shall have the right to report the criminal facts or bring a complaint against the criminal suspect to a public security organ, people's procuratorate or people's court. ”

“ In order to secure an accurate conception of the legal system, the early growth of which it is proposed to examine, it may be well to premise that the criminal law, which with a substantial uniformity of cardinal ideas now prevails in all civilized states, is well defined as "that branch of juridical law treating of those wrongs which the government notices as injurious to the public, and punishes by what is called a criminal proceeding, in its own name." ”

“ Upon expiration of the statutory time limit for a compulsory measure applied to a criminal suspect or defendant, a people's court, people's procuratorate or public security organ shall release the criminal suspect or defendant, lift the compulsory measure such as release on bail or a guarantor or house arrest, or alter the compulsory measure in accordance with law. ”

“ Every person arrested shall, without unnecessary delay, be brought before a municipal court or a Court of First Instance for preliminary hearing, release on bail, or trial. Each judge shall have power to enforce all processes of the court, compel the attendance of witnesses, and punish all contempts of court by fine or imprisonment, or both, under the limitations imposed by the Code of Civil Procedure. ”

“ It might be supposed that communities thus familiarized with the punishment of crime by public authority would rapidly develop a criminal jurisprudence by the simple and direct process of adding from time to time new crimes, perhaps in the order of their supposed enormity, to their catalogue of offenses. ”