THE STAGES OF CODIFICATION OF THE AUSTRIAN CRIMINAL PROCEDURAL LAW (XVIII–XIX CENTURY)

Abstract

Considered the historical preconditions, political and legal consequences and historical significance of the codification of the Austrian criminal procedural legislation in the XVIII–XIX centuries. Particular attention is paid to the study of the historical stages and regularities of the reform of the criminal procedural law of Austria and Austria-Hungary. Analyzed the process of creation and introduction of the Austrian criminal codes, which were the source of criminal procedural norms, in addition, it is distinguished the regularities of codification of separate Austrian criminal procedure codes in the appropriate historical period, which also extended their influence on the territory of Galicia. Emphasized that the classification of the territory of Galicia in the experimental legal field of the Austrian monarchy in the scientific literature requires a more in-depth study. Established that the Austrian Criminal Code of 1796, which was created by the Austrian legislator after the model of the former criminal law, which contained, apart from the criminal norms, also the norms of the criminal process. It should be emphasized that such legislative activity was justified by the development of criminal law and the process that was influenced by the formation of the Romano-Germanic system of law in the leading European countries. It is known, there was a form of criminal justice in the European states known as inquisition process which had a negative effect on the development and establishment of criminal justice in Austria and Austria-Hungary in general. Discovered the following problems of Austrian criminal justice: application of the inquisition process, lack of principles of law (independence of judges, publicity, openness, etc.). The conclusion was drawn as following: the purposeful actions of the Austrian legislator were directed, first of all, to the codification of the criminal and criminal-procedural norms contained in the relevant regulatory acts, often in the codes. Despite that, criminal justice constantly required legal regulation and practical improvement as well as bringing in the standards of the contemporary development of socio-economic, political-legal relations during the era of "enlightened absolutism." It is also stated that the Criminal procedure code of 1850 had a positive influence on reforming the Austrian criminal procedure. But it was extended across Galicia only after testing in other parts of the Austrian monarchy. The code advantaged the principle of social justice in ensuring the independence of judges and the judiciary, therefore, was replaced by the Criminal procedure code of 1853. It was established that the codification of criminal procedural rules was constantly based on the previous achievements of Austrian law science and practice and became the source of the Austrian Code of Criminal Procedure of 1873, which lasted, with minor changes, until the collapse of Austria-Hungary.