History of state and law of foreign countries. Development of institutions of bourgeois criminal law, judicial system (most important)

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History of state and law of foreign countries. Development of institutions of bourgeois criminal law, judicial system (most important)

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Development of institutions of bourgeois criminal law

French revolution separated the judiciary from the executive. The administrator, the official, has ceased to be a judge “in his own case.” Provincial judicial chambers "royal parliaments", notorious for ignorance, corruption and bloodthirstiness, were eliminated. Purchasing judicial positions is prohibited.

Constitution 1791 adopted the principle of electing judges based on property qualifications. She introduced jury trials.

The place of the former feudal plurality of courts and instances was taken by the “three-member system” of judicial organization.

advanced Napoleon, it looked like this:

1) a single justice of the peace;

2) "tribunal of first instance";

3) the court of appeal;

4) cassation court.

French Judicial Organization - with certain changes - was accepted by most European states. Considering the judicial system of the bourgeois state of England, it is necessary to note that in the English judicial organization, the main revolutionary measure carried out by the Long Parliament was, as we have already said, the liquidation of the Star Chamber and the High Commission.

Otherwise, the English Revolution had little or no impact on the centuries-old judicial system. Magistrates remained the lowest court. At certain times they gathered for sessions, which played the role of a second instance. Above the sessions were the so-called assize courts: they consisted of traveling judges (assigned to one or another of the chambers of the English High Court) and the required number of jurors.

The Court of Queen's Bench and Common Pleas constituted the two main divisions of the High Court.

First dealt with criminal cases second - civilians. Both of these courts served as the highest courts of appeal. But they were not forbidden to take any matter into their proceedings, including the most insignificant. Special courts, with the exception of military ones, England dont know.

Near reforms high court was converted. It included: the Court of King's Bench as the supreme criminal court of England; the court of justice, sitting under the chairmanship of the chancellor; and finally, the Probate, Divorce and Admiralty Court, where the same judge hears both a divorce case and a marine insurance case.

A notable principle of the bourgeois judicial organization of all countries is principle of irremovability of judges. The first official recognition of the irremovability of judges was contained in the petition of the Long Parliament 1640 BC She demanded that judges remain in their seats "as long as they behave well."

Law 1701 g. consolidated this principle completely. From this time on it was believed that English judges could not be removed except after the commission of a crime. But it is possible that “in case of negligent performance of duties” a formal investigation may be initiated with the subsequent removal of the judge from office (albeit by decision of parliament). The rule of irremovability applies to England only for judges of superior courts and counties. Magistrates and their respective judges do not enjoy irremovability.

In France, while the principle of election of judges was in effect, irremovability, of course, was not recognized (constitutions of 1791, 1793, 1795). Napoleon Bonaparte introduced a system of five-year preliminary trials, but never confirmed a single judge. IN 1814 BC The irremovability of judges was finally recognized in France, but every new coup proved the opposite Constitution of 1875 bypasses the principle of irremovability of judges by default.

And only in 1883 BC it was recognized in law. German law states the same thing. 1877 BC

Author: Selyanin A.V.

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