The Positive School of Criminology - Three Lectures Given at the University of Naples, Italy on April 22, 23 and 24, 1901 by Enrico Ferri
page 17 of 75 (22%)
page 17 of 75 (22%)
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understanding of his case.
[A] Article 46: "A person is not subject to punishment, if at the moment of his deed he was in a mental condition which deprived him of consciousness or of the freedom of action. But if the judge considers it dangerous to acquit the prisoner, he has to transfer him to the care of the proper authorities, who will take the necessary precautions." [B] Article 47: "If the mental condition mentioned in the foregoing article was such as to considerably decrease the responsibility, without eliminating it entirely, the penalty fixed upon the crime committed is reduced according to the following rules: "I. In place of penitentiary, imprisonment for not less than six years. "II. In place of the permanent loss of civic rights, a loss of these rights for a stipulated time. "III. Whenever it is a question of a penalty of more than twelve years, it is reduced to from three to ten years; if of more than six years, but not more than twelve, it is reduced to from one to five years; in other cases, the reduction is to be one-half of the ordinary penalty. "IV. A fine is reduced to one-half. "V. If the penalty would be a restriction of personal liberty, the judge may order the prisoner to a workhouse, until the proper authorities object, when the remainder of the sentence is carried out in the usual manner." |
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