National Republican., 1886-09-17

DEPARTMENT OF. FOREIGN AFFAIRS, MEXICO,
Aug. l3, 1sS6.-Str! In my note, No. 977, dated
yesterday, / stated, that would send you an
Joseph NJ. Gamboa, esq.,. on the Cutting case.
] now send II In the inclosed copy (annex No.
p Of the F0rt M, a Journal devoted to judicial
matters: In doing this and In recognizing the
merit of the article, l cannot do less than add
on my part some explanations to what is
stated in 1t respecting the legislation Of other
vided In article 1856 of our Penal Code.
The legislation of France on the subject of
Furnishing foreigners found In the country AZ
ier having committed an oiltnse out of its
territory Is still almost the same as that con.
tained In the code of criminal instruction of
ls0S The law Of July ., 1866, introduced
notifications only relative 70, teri 70 crimes 1;,, and
must now refer in detail 10 u fact very i'm
portant to comprehend the merit of our article
lS6, already cited. The fact consists in this,
that said article conforms In all essential par
framed In Italy, which Is, in an eminent de-
gree, creditable to the lurisconsults who six
years before had compiled ours. This honor
Is based not only on the fact that Italy Is a ma
tion highly advanced In the science of juris
prudence, the cradle of the Roman law, and
distinguished for profound juristsi 1t is, be-
sides, based upon special circumstances which
shall now relate. The code to which refer
was presented to the chamber of deputies OF
that kingdom by the eminent professor of law
minister of Justice and president of the COM
mittee which gave its last share TO the project
OF law. In the report ON the reasons which
preceded it, NJ Mancini, after referring To nu-
merous commissions and bodies of scientific
institutions and of the state which had sue
cessiyely revised II, expressed himself as fol-
"Hercafler there will be no one who can
aspire to be called the author of tho penal
code. The fruit Of three iusird OF thought and
inCCssant study, II Is the collective work of the
nIltlOrlypH nnnngflnriag AZ
the traditions of the Italian school, of the
most competent representatives OF judicial
science and Of medlSsi lurisprndenee, Of the
Italian bar, of the most select intellgences of
tionAl work"
code up to article llD was approved by the
said chamber, and contains the following pro-
visions which. translated literally, are
"ART. 3. Tne citizen or foreigner shall be
tried and sentenced according to the lawsof
the kingdom, who commits IN foreign terri
tory crime against the public safety or the
crime OF counterieiling the money which has
legal circulation in the kingdom, or forgery OF
the seal or bonds of the public debt OF the
state, or of documents public credit"
ART 9. This refers TO other crimes aud Of
fenses Of Italians abroad)
"ART. 7. The crimes and.oHenses, besides the
cases stated In article b, committed in forei IN
Territory ~ ioretighRer to the Injury Of an a.
the laws of the kingdom and of the state
where they may be committed when the
state, and treating of ofens6s In which the
Aggrieved party may have complained, shall
be Judged by the tribunals Ofthe kingdom
with the, application ofthe lghtest punish
"ART S. The provisions of Articles G and 7
shall not be applied
''Ist. When according to the law OF either
country the penal action has been abr1gate1
I'D. When oGenses are involved for which,
according to paragraph Of article 0, extra.
ditiOn Is not granted political crimes and
those having relation to them)
"Sd. When the person tried In a foreign