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THE PENAL LAW OF THE STATUTE OF SENJ FROM 1388

ĐORĐE MILOVIĆ


Puni tekst: hrvatski pdf 416 Kb

str. 197-243

preuzimanja: 608

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Sažetak

The Senj Statute from 1388 contains regulations that were being developed in the period of time from 1388 to the beginning of the 15th century. There are two texts in the Statute: Latin and Croatian with insignificant differences in some details. The Statute contains many regulations which relate to criminal and legal subject matters.
The Statute did not know the division of guilt into dolus and culpa. It does not deal with the punishments of accomplices and instigators, and there is nothing about necessary self defence or any other principles for the exclusion of illegality. The institution of attempt was not known, and there was nothing about competence. In this Statute the criminal law has no special system, so that penal matters and penal processes regulations are not separated. The Statute recognised 50 criminal offences, which are classified in the document into the following delicts: against life and body, against property, against general safety, against legal, personal and proprietary safety of citizens, against general health, against honour, reputation and public morality, against unwittingly actions towards tavern-keepers, butchers and merchants, and other penal offences.
The Statute knew and prescribed the following types of punishments: the death penalty (only in one case), corporal punishments (loss of ears, loss of one limb, being hung from a beam and flogging), and fines (for most offences). Sometimes two punishments were determined for a particular offence, which were proclaimed cumulatively. In the document each of the 50 criminal offences is spoken of.

Ključne riječi

Senj, Statute of Senj, 1388, the criminal law

Hrčak ID:

42882

URI

https://hrcak.srce.hr/42882

Podaci na drugim jezicima: hrvatski njemački

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