The operation of criminal process under Constitutio Criminalis Theresiana
The paper is divided into four larger parts. The first part is the introduction where the author briefly describes the history of born of inquisition procedure. The second part is devoted to the characteristics and the structures of the procedure. The author here shows Theresiana has all the feature...
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| Format: | Article |
| Language: | English |
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University of Novi Sad, Faculty of Law
2013-01-01
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| Series: | Zbornik Radova: Pravni Fakultet u Novom Sadu |
| Subjects: | |
| Online Access: | http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2013/0550-21791303173F.pdf |
| _version_ | 1818957505239187456 |
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| author | Feješ Ištvan |
| author_facet | Feješ Ištvan |
| author_sort | Feješ Ištvan |
| collection | DOAJ |
| description | The paper is divided into four larger parts. The first part is the introduction where the author briefly describes the history of born of inquisition procedure. The second part is devoted to the characteristics and the structures of the procedure. The author here shows Theresiana has all the features of a classical inquisitorial process. The process is generally divided into investigation and trial. In addition, there was a procedure for solving a so called 'racurs', that was not a legal remedy in the strict sense of the word, but an appeal for judgement reversal and amnesty. As the investigation is the central part of the process the paper devotes the most attention to this phase of the process. It analyzes the division, commencement, operation and ending of the investigation. The paper talks separately about the process of bringing the judgement, and the process based on 'racurs'. The fourth part is the conclusion where the author summarizes the characteristics of the process and the position of the accused. The paper concludes that despite important changes in the process, the position of the accused entirely reflected the spirit of feudal law and the accused remained a disempowered object of the process. |
| first_indexed | 2024-12-20T11:10:55Z |
| format | Article |
| id | doaj.art-2ccf7f20b9bf4de09fb261b1e04b8a89 |
| institution | Directory Open Access Journal |
| issn | 0550-2179 2406-1255 |
| language | English |
| last_indexed | 2024-12-20T11:10:55Z |
| publishDate | 2013-01-01 |
| publisher | University of Novi Sad, Faculty of Law |
| record_format | Article |
| series | Zbornik Radova: Pravni Fakultet u Novom Sadu |
| spelling | doaj.art-2ccf7f20b9bf4de09fb261b1e04b8a892022-12-21T19:42:45ZengUniversity of Novi Sad, Faculty of LawZbornik Radova: Pravni Fakultet u Novom Sadu0550-21792406-12552013-01-0147317319410.5937/zrpfns47-49180550-21791303173FThe operation of criminal process under Constitutio Criminalis TheresianaFeješ Ištvan0University of Novi Sad, Faculty of Law, Novi Sad, SerbiaThe paper is divided into four larger parts. The first part is the introduction where the author briefly describes the history of born of inquisition procedure. The second part is devoted to the characteristics and the structures of the procedure. The author here shows Theresiana has all the features of a classical inquisitorial process. The process is generally divided into investigation and trial. In addition, there was a procedure for solving a so called 'racurs', that was not a legal remedy in the strict sense of the word, but an appeal for judgement reversal and amnesty. As the investigation is the central part of the process the paper devotes the most attention to this phase of the process. It analyzes the division, commencement, operation and ending of the investigation. The paper talks separately about the process of bringing the judgement, and the process based on 'racurs'. The fourth part is the conclusion where the author summarizes the characteristics of the process and the position of the accused. The paper concludes that despite important changes in the process, the position of the accused entirely reflected the spirit of feudal law and the accused remained a disempowered object of the process.http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2013/0550-21791303173F.pdfConstitutio Criminalis Theresianacriminal processthe operation of process |
| spellingShingle | Feješ Ištvan The operation of criminal process under Constitutio Criminalis Theresiana Zbornik Radova: Pravni Fakultet u Novom Sadu Constitutio Criminalis Theresiana criminal process the operation of process |
| title | The operation of criminal process under Constitutio Criminalis Theresiana |
| title_full | The operation of criminal process under Constitutio Criminalis Theresiana |
| title_fullStr | The operation of criminal process under Constitutio Criminalis Theresiana |
| title_full_unstemmed | The operation of criminal process under Constitutio Criminalis Theresiana |
| title_short | The operation of criminal process under Constitutio Criminalis Theresiana |
| title_sort | operation of criminal process under constitutio criminalis theresiana |
| topic | Constitutio Criminalis Theresiana criminal process the operation of process |
| url | http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2013/0550-21791303173F.pdf |
| work_keys_str_mv | AT fejesistvan theoperationofcriminalprocessunderconstitutiocriminalistheresiana AT fejesistvan operationofcriminalprocessunderconstitutiocriminalistheresiana |