PROCESSUALIZATION OF RIGHTS IN FRANCE AND GERMANY IN THE MEDIUM-ENVIRONMENT

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PROCESSUALIZATION OF RIGHTS IN FRANCE AND GERMANY IN THE MEDIUM-ENVIRONMENT

Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 2, Issue

Abstract

The article is devoted to the coverage of one of the most relevant historical and legal problems concerning the process of law-making in the medieval European countries, in particular France and Germany. The procedural law of these countries in the future became the basis for the formation of the Romano-Germanic legal system. It was established that initially the main form of the implementation of procedural norms is the prosecution-contest process, which received its regulation in barbaric truths and was characterized by the uniformity of the procedure in criminal and civil cases.Subsequently, in the church courts, the search-inquisition process, which was based on the formal theory of evidence, is becoming more widespread. The final prosecution-process was abolished by the ordinance of 1498 and the edict of 1539. The leading idea of the investigative-inquisitorial process was the presumption of guilt, so a suspect (accused) could have been subjected to torture based on testimony of a person who was considered a witness. The purpose of the process was considered to have been achieved if the accused person was recognized. The materials of the investigation conducted played a decisive role during the trial of the case. There was a certain gap between the previous one and the trial. The defendant did not have a real opportunity to defend himself, despite having read the materials of the investigation. In the case of both acquittal and indictment, the court took into account, as a rule, evidence of a prosecution. The judge had the right to reappoint the defendant’s torture if he doubted their credibility. After the announcement of the sentence in order to establish unknown accomplices, the so-called final torture could be applied. The inquisition process had the following characteristics: the presentation of a prosecution on behalf of the state by a judge as an official; investigative actions are public-legal, not private-nature; application to suspected methods of physical influence; conducting of a court session, as a rule, in the closed mode; written design. The prosecution process for Carolina was divided into the following stages: inquiry, general investigation, special investigation, sentencing. As a result of the complication of public life and the strengthening of state royal power, he begins to oust the prosecution-contest process.

Authors and Affiliations

Д. В. Слинько

Keywords

procedural norms prosecution-contest process search-inquisition process stages of judicial process preliminary investigation criminal process civil process.

EP ID EP640829
DOI -
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