S.H.O and Others,29 the Court required a proof of mens-rea to differentiate the regular crimes from the acts of terrorism owing to the fact that the criminal acts defined in Section 6 of the ATA were offences under many other penal statutes
too, hence these ordinary penal offences could only be categorized as acts of terrorism when they were coupled with mens-rea, intention, aim or objective as mentioned in the definition of the ATA.
Considering the ancient rule of statutory construction, that penal statutes
should be strictly construed against the government and in favor of the taxpayers, it is thus with fervent plea that the revenue authorities revisit the circular.
He also noted that penal statutes
must be strictly construed in favor of the party upon whom a penalty is to be imposed.<br />"Based on this guidance from our Supreme Court, this Court finds the language of 31-27-2(d)(3)(i) to mean that three convictions are required within the five-year period, as this would be the 'less harsh of two possible meanings to be adopted,'" Procaccini said.<br />He further found a lack of jurisdiction over the charged DUI offense from Sept.
(2) Licensing laws are penal statutes
and, along with statutes in derogation of common right and of the common law, are in the class of statutes that are to be strictly construed.
In sum, the OMB's accountability duty includes the investigation of impeachable officials for the purpose of (1) recommending, if warranted, the initiation of impeachment; (2) filing civil cases for the recovery of ill-gotten wealth; and/or (3) filing criminal indictments for violation of antigraft and other penal statutes
after the impeachable officials shall have served their terms.
The court admitted its helplessness in proceeding further in the case under the existing penal statutes
, but appreciated that the offences of match fixing, betting the incidental conduct of players/ bookies in such activities is covered under the Anti- Corruption Code of the BCCI.
European societies became modern and civilized when they replaced these bloody rituals with penal statutes
that regarded prisons as "correctional" institutions, or "reformatories," or "penitentiaries," which Foucault warned had their own repressive character.
Insurance policies frequently exclude coverage for violations of penal statutes
. Most of the courts analyzing the issue agree, however, that the statute is remedial and insurance otherwise in force will attach.
meaning of penal statutes
. All are entitled to be informed as to what
(9) Others have repealed the common law rule of lenity, a rule that calls upon courts to construe ambiguous penal statutes
in favor of the accused.
, are there governing principles that courts usually