[Footnote 99: Austrian (Finger, _op. cit._ i. 110), Dutch (van Hamel, in _Législation pénale comparée_, edited by von Liszt, p. 444), Portuguese (Tavares de Medeiros, _ibid._ p. 199), Russian (Foinitzki, _ibid._ p. 529) law.] [Footnote 100: German _Strafgesetzbuch_, art. 55.] [Footnote 101: Swedish (Uppström, in _Législation pénale comparée_, p. 483), Finnish (Forsman, _ibid._ p. 565) law.] [Footnote 102: French, Belgian, Ottoman law (Rivière, _ibid._ p. 7).] [Footnote 103: _Code Pénal_, art. 66 _sqq._] [Footnote 104: Stephen, _op. cit._ ii. 98. Kenny, _Outlines of Criminal Law_, p. 50.] [Footnote 105: _Strafgesetzbuch_, art. 56.] [Footnote 106: Dutch law (van Hamel, _loc. cit._ p. 444).] [Footnote 107: Spanish (_Código Penal reformado_, art. 9, § 2), Swedish (Uppström, _loc. cit._ p. 484), Finnish (Forsman, _loc. cit._ p. 566) law.] [Footnote 108: Austrian law (Finger, _op. cit._ i. 112).] [Footnote 109: Italian (_Codice Penale_, art. 56), Russian (Foinitzki, _loc. cit._ p. 529), Portuguese (Tavares de Medeiros, _loc. cit._ p. 199), Brazilian (_Codigo Penal dos Estados Unidos do Brazil_, art. 42, § 11) law. According to the _Ottoman Penal Code_, art. 40, "a guilty person who has not arrived at the age of puberty may not be punished with the punishment enacted against the offence of which he has been found guilty."] Roman law, as it seems, made out a _præsumptio juris_ of general incapacity to commit a crime under puberty, rebuttable by evidence of capacity, at any rate in the age called "next to puberty," the limits of which are not clearly settled.[110] In the Irish Book of Aicill it is said that "the man who incites a fool is he who pays for his crime"; and to this the Commentary adds that a man is a fool till the end of seven years, and a fool of half sense till the end of fourteen[111]--a provision similar to that of Canon Law.[112] According to Muhammedan law, the rule of talion is applicable only to persons of age.[113] In China criminal responsibility is affected not only by youth, but by old age as well. "Offenders whose age is not more than seven nor less than ninety years, shall not suffer punishment in any case, except in that of treason or rebellion." "Any offender whose age is not more than ten nor less than eighty years, . . . shall, when the crime is capital, but not {267} amounting to treason, be recommended to the particular consideration and decision of His Imperial Majesty." And "any offender whose age is not more than fifteen, nor less than seventy years . . . shall be allowed to redeem himself from any punishment less than capital, by the payment of the established fine, except in the case of persons condemned to banishment as accessories to the crimes of treason, rebellion, murder of three or more persons in one family, or homicide by magic or poisoning, upon all of which offenders the laws shall be strictly executed."[114]