THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
~ LXXVII ~ |
CONCERNING
THE PENALTY FOR FORGERY. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Same Emperor to the Same Stylianus. |
Obscurity is reprehensible in many instances, but is especially so in the interpretation of laws; for there, as well as elsewhere, it is certainly proper to avoid strained and involved constructions, and seek for perspicuous expression. For the laws ought not to be mysteries which are beyond the comprehension of the public, but they should, on the contrary, be, as far as is possible, so clear that men, women, and children can easily understand them; for this will be conducive to better legislation and be productive of the greatest advantage to society. Therefore, having directed Our attention to that unintelligible provision of the law, where the legislator seems to have desired to conceal his meaning, and which is as follows: "A forger who is guilty of the greatest degree of this crime shall be punished with death," and as it is not apparent what kind of forgery was referred to, it seems advisable to explain the meaning of these words. Hence We order that anyone who has committed a forgery which would have been sufficient to condemn to death the person against whom he perpetrated it, shall undergo the same penalty which he attempted to inflict upon another. |
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