Constitutio Criminalis Theresiana
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Constitutio Criminalis Theresiana
The Constitutio Criminalis Theresiana (also Nemesis Theresiana or just Theresiana) was a penal code issued in 1768 by the Austrian ruler Maria Theresa (1717 – 1780). The penal code established a unified criminal law and criminal procedure law in the Habsburg-ruled countries of Austria and Bohemia. In Hungary, Belgium and Lombardy, however, the law did not apply. The new penal code substantially restricted the use of torture as authorized by the old code, although torture was only totally abolished in 1776. When the code was issued, the jurist and thinker Joseph von Sonnenfels criticized the continued use of torture and capital punishment. Maria Theresa allowed him to exercise his academic freedom in this case, even if she sided against the jurist in another instance. Capital punishment would be abolished by the Constitutio Criminalis Josephina under Joseph II Joseph II (German: Josef Benedikt Anton Michael Adam; English: ''Joseph Benedict Anthony Michael Adam''; 13 March 17 ...
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Maria Theresa
Maria Theresa Walburga Amalia Christina (german: Maria Theresia; 13 May 1717 – 29 November 1780) was ruler of the Habsburg dominions from 1740 until her death in 1780, and the only woman to hold the position ''suo jure'' (in her own right). She was the sovereign of Austria, Hungary, Croatia, Bohemia, Transylvania, Mantua, Milan, Lodomeria and Galicia, the Austrian Netherlands, and Parma. By marriage, she was Duchess of Lorraine, Grand Duchess of Tuscany and Holy Roman Empress. Maria Theresa started her 40-year reign when her father, Emperor Charles VI, died on 20 October 1740. Charles VI paved the way for her accession with the Pragmatic Sanction of 1713 and spent his entire reign securing it. He neglected the advice of Prince Eugene of Savoy, who believed that a strong military and a rich treasury were more important than mere signatures. Eventually, Charles VI left behind a weakened and impoverished state, particularly due to the War of the Polish Succession and the Rus ...
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Joseph Von Sonnenfels
Joseph Freiherr von Sonnenfels (1732 – 25 April 1817) was an Austrian and German jurist and novelist. He was among the leaders of the Illuminati movement in Austria, and a close friend and Patronage, patron of Wolfgang Amadeus Mozart, Mozart. He is also the dedicatee of Ludwig van Beethoven's Piano Sonata No. 15 (Beethoven), Piano Sonata No. 15, Op. 28, which was published in 1801. Life He was born in Mikulov, Nikolsburg/Mikulov, Moravia, a son of Perlin Lipmann (1705–1768), chief rabbi of Brandenburg. Perlin Lipmann and his children converted to Catholicism some time between 1735–1741. Joseph, who was baptized in his early youth, received his elementary education at the Gymnasium (school), gymnasium of his native town Nikolsburg, and then studied philosophy at the University of Vienna. In 1749, he joined the regiment "Deutschmeister" as a private, advancing to the rank of corporal. On his discharge in 1754, he took a course in law at the University of Vienna and established ...
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Joseph II, Holy Roman Emperor
Joseph II (German: Josef Benedikt Anton Michael Adam; English: ''Joseph Benedict Anthony Michael Adam''; 13 March 1741 – 20 February 1790) was Holy Roman Emperor from August 1765 and sole ruler of the Habsburg lands from November 29, 1780 until his death. He was the eldest son of Empress Maria Theresa and her husband, Emperor Francis I, and the brother of Marie Antoinette, Maria Carolina of Austria and Maria Amalia, Duchess of Parma. He was thus the first ruler in the Austrian dominions of the union of the Houses of Habsburg and Lorraine, styled Habsburg-Lorraine. Joseph was a proponent of enlightened absolutism; however, his commitment to secularizing, liberalizing and modernizing reforms resulted in significant opposition, which resulted in failure to fully implement his programs. Meanwhile, despite making some territorial gains, his reckless foreign policy badly isolated Austria. He has been ranked with Catherine the Great of Russia and Frederick the Great of Prussia ...
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German Criminal Law
''Strafgesetzbuch'' (), abbreviated to ''StGB'', is the German penal code. History In Germany the ''Strafgesetzbuch'' goes back to the Penal Code of the German Empire passed in the year 1871 on May 15 in Reichstag which was largely identical to the Penal Code of the North German Confederation from 1870. It came into effect on January 1, 1872. This ''Reichsstrafgesetzbuch'' (Imperial Penal Code) was changed many times in the following decades in response not only to changing moral concepts and constitutional provision granted by the ''Grundgesetz'', but also to scientific and technical reforms. Examples of such new crimes are money laundering or computer sabotage. The Penal Code is a codification of criminal law and the pivotal legal text, while supplementary laws contain provisions affecting criminal law, such as definitions of new types of crime and law enforcement action. The StGB constitutes the legal basis of criminal law in Germany. After the defeat of Nazi Germany, ...
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Criminal Codes
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), ''The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is defined by the criminal law of each ...
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Law Of The Holy Roman Empire
Law is a set of rules that are created and are law enforcement, enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been variously described as a Social science#Law, science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt Alternative dispute resolution, alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of ...
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1768 In Law
Events January–March * January 9 – Philip Astley stages the first modern Circus (performing art), circus, with acrobatics, acrobats on galloping horses, in London. * February 11 – Samuel Adams's Massachusetts Circular Letter, circular letter is issued by the Massachusetts House of Representatives, and sent to the other Thirteen Colonies. Refusal to revoke the letter will result in dissolution of the Massachusetts Assembly, and (from October) incur the institution of martial law to prevent civil unrest. * February 24 – With Russian troops occupying the nation, opposition legislators of the national legislature having been deported, the government of Poland signs a treaty virtually turning the Polish–Lithuanian Commonwealth into a protectorate of the Russian Empire. * February 27 – The first Secretary of State for the Colonies is appointed in Kingdom of Great Britain, Britain, the Wills Hill, 1st Marquess of Downshire, Earl of Hillsborough. * ...
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