CHAPTER XIV.

CRIMINAL ATTEMPTS, ACCOMPLICES, IMPUNITY.

It does not follow, because the laws do not punish intentions, that

therefore a crime begun by some action, significative of the will to

complete it, is undeserving of punishment, although it deserves less than

a crime actually committed. The importance of preventing an attempt at a

crime justifies a punishment; but, as there may be an interval between

the attempt and the execution, the reservation of a greater punishment

for a consummated crime may present a motive for its non-completion.

The same may be said, though for a different reason, where there

are several accomplices of a crime, not all of them its immediate

perpetrators. When several men join together in an undertaking, the

greater its risk is, the more will they seek to make it equal for all

of them; the more difficult it will be, therefore, to find one of them

who will be willing to put the deed into execution, if he thereby incurs

a greater risk than that incurred by his accomplices. The only exception

would be where the perpetrator received a fixed reward, for then, the

perpetrator having a compensation for his greater risk, the punishment

should be equalised between him and his accomplices. Such reflections may

appear too metaphysical to whosoever does not consider that it is of the

utmost advantage for the laws to afford as few grounds of agreement as

possible between companions in crime.

Some courts promise impunity to an accomplice in a serious crime who will

expose his companions, an expedient that has its drawbacks as well as its

advantages. Among the former must be counted the national authorisation

of treachery, a practice which even criminals detest; for crimes of

courage are less pernicious to a people than crimes of cowardice, courage

being no ordinary quality, and needing only a beneficent directing force

to make it conduce to the public welfare, whilst cowardice is more

common and contagious, and always more self-concentrated than the other.

Besides, a tribunal which calls for the aid of the law-breaker proclaims

its own uncertainty and the weakness of the laws themselves. On the other

hand, the advantages of the practice are, the prevention of crimes and

the intimidation of the people, owing to the fact that the results are

visible whilst the authors remain hidden; moreover, it helps to show that

a man who breaks his faith to the laws, that is, to the public, is likely

also to break it in private life. I think that a general law promising

impunity to an accomplice who exposes a crime would be preferable to

a special declaration in a particular case, because in this way the

mutual fear which each accomplice would have of his own risk would tend

to prevent their association; the tribunal would not make criminals

audacious by showing that their aid was called for in a particular case.

Such a law, however, should accompany impunity with the banishment of

the informer.… But to no purpose do I torment myself to dissipate the

remorse I feel in authorising the inviolable laws, the monument of

public confidence, the basis of human morality, to resort to treachery

and dissimulation. What an example to the nation it would be, were the

promised impunity not observed, and were the man who had responded to

the invitation of the laws dragged by learned quibbles to punishment, in

spite of the public troth pledged to him! Such examples are not rare in

different countries; neither, therefore, is the number small, of those

who consider a nation in no other light than in that of a complicated

machine, whose springs the cleverest and the strongest move at their

will. Cold and insensible to all that forms the delight of tender and

sensitive minds, they arouse, with imperturbable sagacity, either the

softest feelings or the strongest passions, as soon as they see them of

service to the object they have in view, handling men’s minds just as

musicians do their instruments.

Crimes and Punishments Including a New Translation of Beccaria's 'Dei Delitti e delle Pene' · 第 14 / 42 章