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The excerpt represents the core issue or deciding factor on which you must meditate, and is drawn from Criminal Sociology by Enrico Ferri: All these propositions are in sharp contrast with Art. 37 of the
new Italian penal code, which has given no other guarantee to the
victims of offences than the superfluous, or ironical, or immoral
declaration that ``penal condemnation does not prejudice the right
of the injured person to restitution and indemnification''--as
though there were any doubt of the fact.
I only wish to insist on the question of principle, that is, on
the essentially public character which we assign to
indemnification as a social function. For us, to compare the
liability of the criminal to repair the loss caused by his crime
with the liability arising from breach of contract is simply
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