Shupyana M. System of Penalties under the 1852 Criminal Code of Austria and their Application Practice in Eastern Galicia.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0414U005819

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

05-12-2014

Specialized Academic Board

Д 35.051.03

Ivan Franko National University of Lviv

Essay

The dissertation is devoted to the system of penalties under the 1852 Criminal Code of Austria and their application practice in Eastern Galicia. The content of the penal policy of the Austrian Empire and Austro-Hungarian monarchy in the XIXth – early XXth centuries is determined. The reasons and consequences, the codification peculiarities of the Austrian Criminal laws of the XIXth century are analysed; the sources and framing of the 1852 Criminal Code of Austria are highlighted. The concept, elements, types and bodies of a grave crime under the mentioned code are characterized. The author elucidates the main signs of punishment and its purpose under this code, and on their basis she shows the genesis of the institute of punishment within the chronological limits of the research. The system of penalties arranged in a certain order depending on the degree of their severity is highlighted; legal consequences of person’s proceeding criminally under the 1852 Criminal Code are singled out; their effectiveness is evaluated. The practice of criminal sanctions application by the courts in Eastern Galicia is studied.

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