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History Of The Principle Of Inquisition In German Criminal Law
The principle of inquisition is a form of criminal proceeding developed in Italy, which is labeled by the axiom of the ex officio inquiry of a criminal issue. There is no obligation of the inquiry and the final decision to be executed by the same institution. History The procedure of inquisition was already known in Roman law. In the time of the ancient Roman kings inquisition was the standard method of criminal inquiry. There were no rules. The disposal of the magistrate, who acted on pure denunciation, was the criteria which guided the proceedings. Because of these problems, the principle of inquisition was replaced by a principle of contradiction. Pope Innocent III (1161–1216) reintroduced the procedure of inquisition for canon law, where it became a well-feared instrument against heretics. The concept of inquisition was not limited to canon law. In Italy the use of the inquisition was transferred to secular criminal law. The first adaption within the territory of the ' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Magistrate
The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judicial and executive powers. In other parts of the world, such as China, a magistrate was responsible for administration over a particular geographic area. Today, in some jurisdictions, a magistrate is a judicial officer who hears cases in a lower court, and typically deals with more minor or preliminary matters. In other jurisdictions (e.g., England and Wales), magistrates are typically trained volunteers appointed to deal with criminal and civil matters in their local areas. Original meaning In ancient Rome, the word '' magistratus'' referred to one of the highest offices of state. Analogous offices in the local authorities, such as ''municipium'', were subordinate only to the legislature of which they generally were members, '' ex officio'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Denunciation
Denunciation (from Latin ''denuntiare'', "to denounce") is the act of publicly assigning to a person the blame for a perceived wrongdoing, with the hope of bringing attention to it. Notably, centralized social control in authoritarian states requires some level of cooperation from the populace. The following two forms of cooperation occur: first, authorities actively use incentives to elicit denunciations from the populace, either through coercion or through the promise of rewards. Second, authorities passively gain access to political negative networks, as individuals denounce to harm others whom they dislike and to gain relative to them. Paradoxically, social control is most effective when authorities provide individuals maximum freedom to direct its coercive power. The most famous informer in western cultural history is Judas - according to the New Testament, Judas, one of the twelve disciples of Jesus of Nazareth, betrayed Jesus, making his arrest and his subsequent deliv ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pope Innocent III
Pope Innocent III ( la, Innocentius III; 1160 or 1161 – 16 July 1216), born Lotario dei Conti di Segni (anglicized as Lothar of Segni), was the head of the Catholic Church and ruler of the Papal States from 8 January 1198 to his death in 16 July 1216. Pope Innocent was one of the most powerful and influential of the medieval popes. He exerted a wide influence over the Christian states of Europe, claiming supremacy over all of Europe's kings. He was central in supporting the Catholic Church's reforms of ecclesiastical affairs through his decretals and the Fourth Lateran Council. This resulted in a considerable refinement of Western canon law. He is furthermore notable for using interdict and other censures to compel princes to obey his decisions, although these measures were not uniformly successful. Innocent greatly extended the scope of the Crusades, directing crusades against Muslim Iberia and the Holy Land as well as the Albigensian Crusade against the Cathars in southern ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canon Law
Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is the internal ecclesiastical law, or operational policy, governing the Catholic Church (both the Latin Church and the Eastern Catholic Churches), the Eastern Orthodox and Oriental Orthodox churches, and the individual national churches within the Anglican Communion. The way that such church law is legislated, interpreted and at times adjudicated varies widely among these four bodies of churches. In all three traditions, a canon was originally a rule adopted by a church council; these canons formed the foundation of canon law. Etymology Greek / grc, κανών, Arabic / , Hebrew / , 'straight'; a rule, code, standard, or measure; the root meaning in all these languages is 'reed'; see also the Romance-language ancestors of the Engli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Holy Roman Empire
The Holy Roman Empire was a Polity, political entity in Western Europe, Western, Central Europe, Central, and Southern Europe that developed during the Early Middle Ages and continued until its Dissolution of the Holy Roman Empire, dissolution in 1806 during the Napoleonic Wars. From the accession of Otto I in 962 until the twelfth century, the Empire was the most powerful monarchy in Europe. Andrew Holt characterizes it as "perhaps the most powerful European state of the Middle Ages". The functioning of government depended on the harmonic cooperation (dubbed ''consensual rulership'' by Bernd Schneidmüller) between monarch and vassals but this harmony was disturbed during the Salian Dynasty, Salian period. The empire reached the apex of territorial expansion and power under the House of Hohenstaufen in the mid-thirteenth century, but overextending led to partial collapse. On 25 December 800, Pope Leo III crowned the List of Frankish kings, Frankish king Charlemagne as Carolingi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutio Criminalis Carolina
The Constitutio Criminalis Carolina (sometimes shortened to Carolina) is recognised as the first body of German criminal law (''Strafgesetzbuch''). It was also known as the '' Halsgerichtsordnung'' (Procedure for the judgment of capital crimes) of Charles V. Its basis was the ''Halsgerichtsordnung'' of Bamberg (also known as the ''Bambergensis'') drawn up by Johann Freiherr von Schwarzenberg in 1507, which in turn went back to the humanistic school of Roman law. The Carolina was agreed in 1530 at the Diet of Augsburg under Holy Roman Emperor Charles V and ratified two years later at the Diet in Regensburg (1532) (which was judicially a ''Hoftag'', an informal meeting), at which point it became law. It predominantly covered civil law alongside criminal law. Under the terms of the Constitutio Criminalis Carolina, actions such as murder, manslaughter, robbery, arson, homosexual relations, and witchcraft were henceforth defined as severe crimes. In particular, the Carolina specified ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Napoleon
Napoleon Bonaparte ; it, Napoleone Bonaparte, ; co, Napulione Buonaparte. (born Napoleone Buonaparte; 15 August 1769 – 5 May 1821), later known by his regnal name Napoleon I, was a French military commander and political leader who rose to prominence during the French Revolution and led successful campaigns during the Revolutionary Wars. He was the ''de facto'' leader of the French Republic as First Consul from 1799 to 1804, then Emperor of the French from 1804 until 1814 and again in 1815. Napoleon's political and cultural legacy endures to this day, as a highly celebrated and controversial leader. He initiated many liberal reforms that have persisted in society, and is considered one of the greatest military commanders in history. His wars and campaigns are studied by militaries all over the world. Between three and six million civilians and soldiers perished in what became known as the Napoleonic Wars. Napoleon was born on the island of Corsica, not long af ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Compurgation
Compurgation, also called trial by oath, wager of law, and oath-helping, was a defence used primarily in medieval law. A defendant could establish their innocence or nonliability by taking an oath and by getting a required number of persons, typically twelve, to swear they believed the defendant's oath. The wager of law was essentially a character reference, initially by kin and later by neighbours (from the same region as the defendant), often 11 or 12 men, and it was a way to give credibility to the oath of a defendant at a time when a person's oath had more credibility than a written record. It can be compared to a legal wager, which is the provision of surety at the beginning of legal action to minimize frivolous litigation. Compurgation was found in early Germanic law, in early French law (''très ancienne coutume de Bretagne''), in Welsh law, and in the English ecclesiastical courts until the seventeenth century. In common law it was substantially abolished as a defence in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trial By Combat
Trial by combat (also wager of battle, trial by battle or judicial duel) was a method of Germanic law to settle accusations in the absence of witnesses or a confession in which two parties in dispute fought in single combat; the winner of the fight was proclaimed to be right. In essence, it was a judicially sanctioned duel. It remained in use throughout the European Middle Ages, gradually disappearing in the course of the 16th century. History Origins Unlike trial by ordeal in general, which is known to many cultures worldwide, trial by combat is known primarily from the customs of the Germanic peoples. The practice was "almost universal in Europe" according to medievalist Eric Jager. It was in use among the ancient Burgundians, Ripuarian Franks, Alamans, Lombards, and Swedes. It was unknown in Anglo-Saxon law and Roman law and it does not figure in the traditions of Middle Eastern antiquity such as the code of Hammurabi or the Torah. However, it is recorded in the me ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duchy Of Lorraine
The Duchy of Lorraine (french: Lorraine ; german: Lothringen ), originally Upper Lorraine, was a duchy now included in the larger present-day region of Lorraine in northeastern France. Its capital was Nancy. It was founded in 959 following the division of Lotharingia into two separate duchies: Upper and Lower Lorraine, the westernmost parts of the Holy Roman Empire. The Lower duchy was quickly dismantled, while Upper Lorraine came to be known as simply the Duchy of Lorraine. The Duchy of Lorraine was coveted and briefly occupied by the dukes of Burgundy and the kings of France. In 1737, the duchy was given to Stanisław Leszczyński, the former king of Poland, who had lost his throne as a result of the War of the Polish Succession, with the understanding that it would fall to the French crown on his death. When Stanisław died on 23 February 1766, Lorraine was annexed by France and reorganized as a province. History Lotharingia Lorraine's predecessor, Lotharingia, was a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inquisition
The Inquisition was a group of institutions within the Catholic Church whose aim was to combat heresy, conducting trials of suspected heretics. Studies of the records have found that the overwhelming majority of sentences consisted of penances, but convictions of unrepentant heresy were handed over to the secular courts, which generally resulted in execution or life imprisonment. The Inquisition had its start in the 12th-century Kingdom of France, with the aim of combating religious deviation (e.g. apostasy or heresy), particularly among the Cathars and the Waldensians. The inquisitorial courts from this time until the mid-15th century are together known as the Medieval Inquisition. Other groups investigated during the Medieval Inquisition, which primarily took place in France and Italy, include the Spiritual Franciscans, the Hussites, and the Beguines. Beginning in the 1250s, inquisitors were generally chosen from members of the Dominican Order, replacing the earlier practice ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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