History of state and law of foreign countries. Development of the institutions of bourgeois criminal law in France (most important)

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History of state and law of foreign countries. Development of the institutions of bourgeois criminal law in France (most important)

Lecture notes, cheat sheets

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The development of the institutions of bourgeois criminal law in France

Instructions to deputies Estates General 1789 abounded with demands for fundamental reforms of criminal law. The electorate wanted the motley mixture of Roman and customary law, ordinances and judgments to be replaced by a code of penal law. The orders insisted on the equality of citizens before the criminal law, on the mitigation of punitive measures, on the fact that punishments should not be extended, as it was before, to relatives of the criminal, to his family. They demanded definite punishments. They wanted impunity for "religious crimes" and, of course, crimes against so-called good morals.

The Bourgeois-Democratic Character of the Criminal Code 1791 BC contrary to the interests of the political regime established under Napoleon. The consequence of this was, as we already know, the development and approval UK 1810

Crimes such acts were called that are punishable by "torturous and disgraceful punishment"; misdemeanors - acts punishable by "correctional punishments"; violations - acts that "laws punish with police punishments."

It was recognized that no violation and no misdemeanor would be punishable by penalties that were not established by law before they were committed.

The following were considered painful and disgraceful punishments: the death penalty, hard labor (for life and fixed-term), imprisonment in a fortress, deportation (exile and lifelong stay in any of the French colonies), a house of restraint. The death penalty is carried out in one of the public squares; a person sentenced to life hard labor is branded in a public square (on the right shoulder); men sentenced to penal servitude are used in the most difficult work, dragging a cannonball on their feet or chained in pairs. Urgent hard labor is appointed for a period of 5 to 20 years.

Shameful punishments were recognized: exile, exhibiting at the pillory (in a collar), civil death; correctional punishments - imprisonment for a term in a correctional institution, deprivation of rights, a fine.

Punishment sharply increased in case of relapse. Rejecting recognition of mitigating circumstances (in principle), the Code held that accomplices were subject to the same punishment as perpetrators; accomplices - with a special exception - are punished in the same way as accomplices. A criminal who has not reached 16 years of age, “if it is established that he acted without understanding”, is subject to acquittal, but nevertheless can be sent to prison, where he will be until he reaches 20 years of age, unless otherwise established by the sentence.

a common part French Criminal Code was very imperfect. The norms relating to the operation of the law in space, on prescription and some others were assigned to the criminal procedure legislation; Necessary defense is not spoken of in the general part, as is customary now, but in a special one; intent and negligence are not defined, etc.

Criminal Code 1810 BC given France unified criminal law, instead of many local regulations and customs, put an end to the "arbitrariness and caprice" of judges both in regard to recognizing an act as criminal and in choosing a punishment for it; all citizens, albeit formally, have become equally responsible before the criminal law; the retroactive force of the criminal law was prohibited; kept silent about crimes against religion, etc.

Significant changes have been made to UK 1810 just after the revolution 1830 BC Among them are the recognition of extenuating circumstances and the abolition of disgraceful punishments. AT 1848 BC the death penalty for political crimes is abolished for a short time. Somewhat later, "civil death" was also abolished.

Author: Selyanin A.V.

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