THE CIRCUMSTANCES THROUGH WINE UNDER FRENCH CRIMINAL LEGISLATION (TO THE QUESTION OF EVOLUTION)

Abstract

The article discusses the main changes in criminal law made by the Criminal Law on May 13, 1863. After the amendments were introduced, the Criminal Code began to combine two systems: on the one hand, a system of circumstances appears to mitigate guilt, and the court’s right to lower the punishment is limited; on the other hand, there is a system of circumstances that does not imply any restrictions. In the first case we are talking about crimes, in the second about misconduct. The article analyzes the changes made in terms of increased criminal repression, since ultimately the courts of the correctional police were limited in their right to arbitrary sentencing.