The operation of criminal process under Constitutio Criminalis Theresiana

Abstract

The paper is divided into four larger parts. The first part is the introduction where the author briefly describes the history of born of inquisition procedure. The second part is devoted to the characteristics and the structures of the procedure. The author here shows Theresiana has all the features of a classical inquisitorial process. The process is generally divided into investigation and trial. In addition, there was a procedure for solving a so called 'racurs', that was not a legal remedy in the strict sense of the word, but an appeal for judgement reversal and amnesty. As the investigation is the central part of the process the paper devotes the most attention to this phase of the process. It analyzes the division, commencement, operation and ending of the investigation. The paper talks separately about the process of bringing the judgement, and the process based on 'racurs'. The fourth part is the conclusion where the author summarizes the characteristics of the process and the position of the accused. The paper concludes that despite important changes in the process, the position of the accused entirely reflected the spirit of feudal law and the accused remained a disempowered object of the process.