Zagreb Law Review, Vol. 4 No. 1, 2015.
Original scientific paper
Analysis of the case law of the jury court in Rovinj 1874-1918
Dunja Pastović
; University of Zagreb, Faculty of Law
Abstract
The aim of this paper is to reconstruct and analyse the case law of the jury court in Istria in the period from 1874 to 1918. The author points out the specific features of adjudication by jury in Istria, with regard to the social, cultural, economic and political circumstances, which were primarily affected by its heterogenic ethnic structure. The paper also includes an analysis of some of the most interesting preserved information on cases heard before the jury in Rovinj. Based on an analysis of the case law, it is established that this period of jury adjudication in Istria was marked throughout by the political and economic domination of the Italian factor, which also affected the ethnic structure of the Istrian jury. The ethnic structure of the jury had a direct effect on its linguistic structure: the main problem of the composition of the jury was the lack of knowledge of the Croatian language, which was the language of the majority of the population, and thus also of the majority of defendants. This led to the absurd situation where the hearings before the jury were regularly conducted with the assistance of an interpreter, which brought into question the principle of oral hearing and of the immediacy of the trial procedure.
Keywords
Istria; jury court in Rovinj; case law; 1874-1918
Hrčak ID:
159387
URI
Publication date:
16.7.2015.
Visits: 1.018 *