Halaburda T. Criminal proceedings in Galicia under the Austrian Code of Criminal Procedure 1873

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U102307

Applicant for

Specialization

  • 081 - Право. Право

15-09-2021

Specialized Academic Board

ДФ 35.051.029

Ivan Franko National University of Lviv

Essay

The dissertation comprehensively examines the implementation of criminal justice in Galicia under the Austrian Code of Criminal Procedure of 1873. It is stated that the Austrian Code of Criminal Procedure of 1873 was a reflection of the transformation of the political system in Austria in the second half of the XIX century. It was found that the Austrian Code of Criminal Procedure of 1873 was inextricably linked with previous laws governing Austrian criminal justice. The period of reforms and features of codification works on the drafts of the Austrian Code of Criminal Procedure of 1873 are shown. The sources are specified, the structure is specified and the basic provisions of the Code of Criminal Procedure of 1873 are comprehensively analyzed. The question of the entry into force of the Austrian Code of Criminal Procedure of 1873, according to which the Austrian Parliament considered the possibility of introducing a code and the institution of juries only in the kingdoms and regions of the empire in which the Austrian Code of Criminal Procedure of 1850. guarantees of individual rights under the Austrian Code of Criminal Procedure of 1873 had the right of the suspect / accused and other participants in criminal proceedings to have a lawyer (lawyer), which guaranteed the explanation of this right (§ 3, 41), giving the opportunity to choose a lawyer and invite him (§ 39, 440), by providing him with free assistance of a lawyer in the cases provided by law (§ 41, 347), etc. With the adoption of the Code of Criminal Procedure in 1873, the procedure of criminal proceedings was based on the principles of legality, objective truth, oral and immediacy, publicity, adversarial proceedings, presumption of innocence and proof of guilt, initiation of proceedings only in the presence of a complaint, ensuring inviolability of property. free evaluation of evidence by the court, respect for human dignity, inadmissibility of turning to the worst, judicial protection of violated rights, etc. The classification of evidence according to the Austrian Code of Criminal Procedure of 1873 was determined, which was divided into evidence on their source and on their subject. The following means of proof were distinguished in the Austrian criminal proceedings: examination, expert opinions, testimony of witnesses, testimony of a suspect (accused), letters and documents, and coordination of several indirect pieces of evidence, and so on. The Austrian Code of Criminal Procedure of 1873 established general and exclusive jurisdictions, the criterion of which was personal, namely, legal relations decided in military courts, as well as legal relations governed by international law. It is emphasized that the Austrian Code of Criminal Procedure of 1873 for the first time regulated the provisions on expert opinion as an independent means of evidence in criminal proceedings. The Austrian Code of Criminal Procedure of 1873 set clear deadlines for filing a complaint no later than six weeks after the crime was committed. The prosecutor was obliged to read all reports of crimes, including anonymous. The unclear division of competence between the investigating judge and the prosecutor in the context of the pre-trial investigation was confirmed, as well as the fact that the introduction of the preliminary investigation into the process preceding the main investigation was an innovation of the Austrian Criminal Procedure Code of 1873.

Files

Similar theses