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

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

Lecture notes, cheat sheets

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The development of the institutions of bourgeois criminal law in England

The English legislation of that time differed by the expressed repressive cruelty. At the beginning XIX century. English laws threatened the death penalty for almost all conceivable and inconceivable crimes (for 240 offenses). Not only murder or robbery was punishable by death, but also animal mutilation, written threats, forest cutting and almost any theft, including penny theft (for example, an item worth one shilling if it was stolen at the market, and 5 shillings - in a house or shop). Favorite punishments were wheeling, quartering, removal of entrails from a living body, etc. England, of course, was no exception, the death penalty.

But besides the death penalty, English criminal law knew two more types of punishment: exile to hard labor and solitary confinement. The criminal laws against political crimes are drawn up in almost the same terms as the Prussian ones; especially the concepts of "incitement to discontent" ... and "rebellious speeches" ... are given in the same indefinite wording that leaves the judge and jury such wide scope. And here the punishments are stricter than in other cases, the reference to hard labor is the main type of punishment. Cruelty to the poor and patronage of the rich is such a general phenomenon in all judicial institutions, practiced so openly, so shamelessly, and described in the newspapers so cynically, that one can rarely read a newspaper without inner indignation.

The death penalty. The transformation of imprisonment into the main type of punishment (together with the spread of exile in the colony) made it possible to raise the question of limiting the death penalty, which the democratic, educational and liberal elements of society in France, England, Italy and other countries have long insisted on.

A consequence of the unreasonable cruelty of criminal laws was that the jury resorted to a verdict of not guilty in order to prevent a senseless execution: out of every five cases, one ended in an acquittal. The reform of criminal law was becoming inevitable, but, as is usual for England, it was carried out gradually.

В 1817 BC the public cross-section of women is canceled, in 1819 BC laws followed that abolished quartering and other exorbitant cruelties; the gradual reduction of the death penalty begins: starting from 1826 BC and 1861 BC the number of offenses punishable by death has been reduced to four.

In an effort to overcome the difficulties caused by the huge mass of various kinds of criminal laws (statutes) that have accumulated over many centuries and are often contradictory, the English legislator took the path of their "consolidation". Some of the old laws were among the repealed, others were recognized or modified. The first stage of consolidation is 1827-1832 Then, in 1861, five laws were issued that reformed English law in the areas of prosecution for theft, damage to property, forgery, counterfeiting, and assault on a person. Consolidating was the law on changes in criminal law 1885 BC and more

Stubbornly refusing any kind of thorough codification of law (publishing codes), the English legislator continued the practice of consolidating in the future: the law 1913 BC on counterfeiting replaced the provisions contained in the 73 previously issued statutes, just like the act 1916 BC - about thefts.

Author: Selyanin A.V.

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