Original scientific paper
THE LEGISLATIVE FRAMEWORK FOR JURY TRIAL IN ISTRIA IN THE PERIOD FROM 1873 TO 1918
Dunja Pastović
; Faculty of Law in Zagreb
Abstract
This paper presents the legislative framework for jury trial in Istria in the period from 1873 to 1918 the based on the Austrian Code of Criminal Procedure of 1873. Relevant legal regulations, foreign and domestic references, official statistical compilations, journals and newspapers from the period and archival materials available at the State Archives in Pazin have been analysed.
The analysis of legislative framework resulted in the conclusion that in regard to the regulation of jury trial, and in comparison to the Code of Criminal Procedure of 1850 (in force for a short period of time), there were no significant changes. The changes indicate to two fundamental tendencies of the legislator: firstly, to provide a stronger protection of the accused from wrongful convictions, and secondly to improve the position of jurors who were given an opportunity to request a change of questions asked and to propose a presentation of particular evidence. Therefore, the paper emphasizes the provisions which are different from regulation prescribed by the Code of Criminal Procedure of 1850. The application of certain legal provisions before the Court of Assizes in Rovinj has also been researched on. Furthermore, the paper analyzes the Law on compiling jury lists of May 23, 1873 as complement to the Code of Criminal Procedure of 1873.
Keywords
jury trial; Istria; Code of Criminal Procedure of 1873; 1873-1918
Hrčak ID:
147830
URI
Publication date:
30.8.2015.
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