One of essentially the most basic distinctions between civil and prison regulation is in the notion of punishment. Judicial work personnel who, because of serious irresponsibility, trigger the escape of crime suspects, accused persons, or criminals from custody leading to severe penalties, shall be punished with imprisonment or felony detention of less than three years; or – for circumstances causing extraordinary severe consequences – with imprisonment of over three years and fewer than 10 years.
Work personnel of state organs accountable for environmental safety and supervision, whose severe irresponsibility has resulted in critical penalties, together with extreme environmental pollution that causes serious damages to public and private property or human casualties, shall be punished with imprisonment or prison detention of less than three years.
However that was criticised in an influential textbook, Criminal Law and Practice in New Zealand (2nd ed FB Adams, 1971) at para 664, where it was said that the whole level of s sixty six(2) is that one thing is finished which can have gone beyond the frequent main purpose.” Adams identifies the comment as being at p 485 line 33 of the report, however it appears to me to be at p 482 line 33.
Article 20 An act that a person commits to cease an unlawful infringement as a way to stop the pursuits of the State and the general public, or his own or different individual’s rights of the person, property or other rights from being infringed upon by the on-going infringement, thus harming the perpetrator, is justifiable defence, and he shall not bear felony duty.
Work personnel talked about in the previous paragraph, who, because of serious irresponsibility, fail to carry out quarantine on goods requiring quarantine, or delay quarantine and issuance of certificates, or wrongly situation certificates resulting in severe losses to state pursuits, shall be punished with imprisonment or felony detention of less than three years.…Read More