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A Commentary on the New Code of the Canon Law (Volume 8)

A Commentary on the New Code of the Canon Law (Volume 8)


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: TITLE II IMPUTABILITY, AGGRAVATING OR EXTENUATING CIRCUMSTANCES, AND JURIDICAL EFFECTS OF CRIME Imputability was explained above as moral proprietorship in the praise or blame justly due to deliberate acts performed by a free agent. Hence a crime, to be imput- able, must proceed from a deliberate intention, which presupposes knowledge and free will. The Code first explains imputability in general and the excusing, extenuating or aggravating influences bearing upon it, then sets forth some circumstances or conditions of this influence, in particular, the aggravating circumstances, then concurrence in crime, and, lastly, its juridical effects. IMPUTABILITY IN GENERAL Can. 2199 Imputabilitas delicti pendet ex dolo delinquentis vel ex eiusdem culpa in ignorantia legis violatae aut in omissione debitae diligentiae; quare omnes causae quae augent, minuunt, tollunt dolum aut culpam, eo ipso augent, minuunt, tollunt delicti imputabilitatem. Can. 2200 i. Dolus heic est deliberata voluntas violandi legem, eique opponitur ex parte intellectus defectus cognitionis et ex parte voluntatis defectus libertatis. a. Posita externa legis violatione, dolus in foro cxterno praesumitur, donee contrarium probetur. The imputability of a crime depends on two essential conditions of the perpetrator, viz., (i) deliberation (dolus), and (2) speculative or practical guilt (culpa). Dolus or malice is here taken as the deliberate will of transgressing the law, as opposed to lack of knowledge on the part of the intellect, and to deficiency on the part of the will. This follows from the complex nature of human acts which require knowledge as well as will (nihil volitum nisi cognitum) 1 and hence, where the voluntary element is entirely wanting, there can be neither dolus nor culpa...


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Product Details
  • ISBN-13: 9780217158206
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 158
  • Spine Width: 9 mm
  • Width: 189 mm
  • ISBN-10: 021715820X
  • Publisher Date: 06 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 295 gr


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