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History of state and law of foreign countries. "Habeas Corpus Act" 1679 "Glorious Revolution" 1688 (the most important) Directory / Lecture notes, cheat sheets Table of contents (expand) "Habeas Corpus Act" 1679 "Glorious Revolution" 1688 May 1679 represented by the fact that in the parliamentary elections in England won the Whigs, who wanted to limit the power Charles II. Faithful to this cause, they adopted the Habeas Corpus Act. The main idea of this document was that a person who believed that he was wrongfully deprived of liberty could apply to the Court of Queen's Bench with a request to issue him an order "Habeas Corpus", which was in the nature of an order to an official or a private person to present the arrested person to the court, as well as to give his explanations about the motives for the detention. The magistrate then reviewed the circumstances of the case in a summary manner and made one of the following decisions: 1) release the detainee; 2) continue his further arrest; 3) release on bail. It should be noted that published in 1679 BC "Habeas Corpus Act" (its official name sounded like the Act for the Better Securing of the Liberty of a Subject and for the Prevention of Imprisonment Beyond the Seas) eliminated serious shortcomings in judicial practice. Turning to the trial, it must be said that the judge, to whom the detainee was brought, should, within two days: 1) release him; 2) subject to arrest; 3) release on bail. A person released on the basis of habeas corpus could not be re-arrested on the same charge. The perpetrators were fined £500. To prevent "imprisonment across the seas" it was forbidden to send the inhabitants of England and Wales as prisoners to overseas possessions. Violators of this rule were punished by a fine in favor of the victim in the amount of 500 pounds and dismissal from office. It should be noted that a habeas corpus order was often denied on the grounds that the arrest order had been made at the direction of the King or the Privy Council, or that the request had been filed during the holidays. There were no mandatory procedural deadlines for officials, as well as sanctions for non-compliance with court requirements. If, on the other hand, the arrested person was sent to the overseas possessions of England, he lost all possibility of resorting to obtaining the above-mentioned order. However, despite some obvious gaps in application and execution, published in 1679 BC "Habeas corpus act" eliminated most of the shortcomings in judicial practice. In this case, the sheriff or prison warden had to, within a certain period of time from the date of receipt of the habeas corpus order (depending on the distance), deliver the arrested person to the court that issued this order and give a detailed account of the reasons for the arrest. If the official refused to obey, he: 1) first once paid the victim a fine of £100, 2) in the second - £200 and subject to dismissal from office. Later, a prescription was established for judges, according to which they were obliged to issue a habeas corpus order not only during the session period, but also during the holidays. Violation of this rule entailed the payment to the victim of a penalty in the amount of 500 pounds sterling. The official was ordered to give the arrested person a copy of the arrest warrant within six hours. As a result of a relatively short period of time in the process of reshuffling in the ruling elite of England, caused by dissatisfaction with the policy Charles II, the nobility and the English bourgeoisie offered in 1688 year ruler of the Netherlands William of Orange take the English throne. So, 1688 year в England passed under the sign of these events, designated as "Glorious Revolution". It should be noted that it became possible as a result of a compromise reached between the bourgeoisie and the nobility. Author: Selyanin A.V. << Back: Cromwell protectorate. Resurgence of the monarchy in England >> Forward: Bill of Rights 1689 Act of Succession We recommend interesting articles Section Lecture notes, cheat sheets: ▪ History of the state and law of Russia. Crib See other articles Section Lecture notes, cheat sheets. Read and write useful comments on this article. Latest news of science and technology, new electronics: The existence of an entropy rule for quantum entanglement has been proven
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