08/07/2019
Penal Code, 1860 (Act No. XLV of 1860).
may be used in a Court of Justice, or not.
Illustrations
A writing expressing the terms of a contract, which may be used as evidence of
the contract, is a document.
A cheque upon a banker is a document.
A PowerofAttorney is a document.
A map or plan which is intended to be used or which may be used as evidence,
is a document.
A writing containing directions or instructions is a document.
Explanation 2.Whatever is expressed by means of letters, figures or marks as
explained by mercantile or other usage, shall be deemed to be expressed by such
letters, figures or marks within the meaning of this section, although the same
may not be actually expressed.
Illustration
A writes his name on the back of a bill of exchange payable to his order. The
meaning of the endorsement, as explained by mercantile usage, is that the bill is
to be paid to the holder. The endorsement is a document, and must be construed
in the same manner as if the words "pay to the holder" or words to that effect
had been written over the signature.
“Valuable security”
30. The words "valuable security" denote a document which is, or purports to be,
a document whereby any legal right is created, extended, transferred, restricted,
extinguished or released, or whereby any person acknowledges that he lies under
legal liability, or has not a certain legal right.
Illustration
A writes his name on the back of a bill of exchange. As the effect of this
endorsement is to transfer the right to the bill to any person who may become
the lawful holder of it, the endorsement is a "valuable security".
31. The words "a will" denote any testamentary document.
“A will”
Words referring to
acts include illegal
omissions
32. In every part of this Code, except where a contrary intention appears from
the context, words which refer to acts done extend also to illegal omissions.
“Act” “Omission”
33. The word "act" denotes as well a series of acts as a single act: the word
"omission” denotes as well a series of omissions as a single omission.
34. When a criminal act is done by several persons, in furtherance of the
common intention of all, each of such persons is liable for that act in the same
manner as if it were done by him alone.
35. Whenever an act, which is criminal only by reason of its being done with a
criminal knowledge or intention, is done by several persons, each of such persons
who joins in the act with such knowledge or intention is liable for the act in the
same manner as if the act were done by him alone with that knowledge or
intention.
Acts done by several
persons in
furtherance of
common intention
When such an act is
criminal by reason of
its being done with a
criminal knowledge
or intention
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