Precautions for Prosecutors (Cautio Criminalis)

...ted crimes original: exceptis; the text continues from the previous page's word exceptis allow the broadest liberty, as I will frequently sprinkle throughout the following pages. But unless we wish to be plainly unjust, all Judges must hold before themselves as a kind of general principle and unshakable axiom: that in every crime, whether "excepted" or not, it is not permitted to form a legal process in any way other than right reason permits.

Secondly, it is also completely false that in "excepted" cases it is permitted to simply disregard everything prescribed by positive laws Human-made laws and statutes, as opposed to natural or divine laws.. It is only permitted in certain matters, not all; for no other conclusion can be drawn from any legal code. Thus, the ignorance of many is sufficiently proven here, and Farinacius Prospero Farinacci (1544–1618), an influential Italian jurist whose works were standard in criminal courts. in Question 37, number 90, rightly teaches that this doctrine—that one may neglect the legal order ordo juris: the standard procedural steps required for a fair trial in "excepted" crimes—is either strictly speaking false, or should only be understood to apply to the punishment original: punitione alone. This applies when the investigation is no longer the issue, but when the crime original: delicto is already established. The idea is that this punishment can be more severe than what the laws commonly prescribe. He notes that this is the opinion of many Doctors of Law whom he cites and whom we omit for the sake of brevity. On this matter, also read Mascardus Giuseppe Mascardi (d. 1588), a famous legal expert on the rules of evidence. volume 3, conclusion 1311. But whatever...