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Collected Papers of the Faculty of Law of the University of Rijeka / Raccolta di scritti della Facoltà di giurisprudenza dell'Università di Rijeka / Gesammelte Schriften der Rechtswissen, Vol. 39 No. 2, 2018.

Preliminary communication

https://doi.org/10.30925/zpfsr.39.2.6

CROATIAN TRANSLATION OF THE GENERAL CODE ON CRIMES AND THEIR PUNISHMENT PUBLISHED IN 1788 AS A SOURCE OF CRIMINAL LAW IN CROATIA AND SLAVONIA: SYSTEM OF PENALTIES AND RULES OF THEIR IMPOSITION

Leo Cvitanović ; Law Faculty, University of Zagreb, Zagreb, Croatia
Dunja Pastović orcid id orcid.org/0000-0002-0501-2436 ; Law Faculty, University of Zagreb, Zagreb, Croatia

Full text: croatian pdf 549 Kb

page 857-893

downloads: 916

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Abstract

Historical reviews of the development of the so-called modern Croatian
criminal law usually start with elaboration of the Austrian Criminal Code on Crimes, Transgressions and Misdemeanours of 1852 and of the draft for a Croatian Criminal Code of 1879 (the so-called Derenčin draft) regardless of the narrower topic discussed. What is not widely known is that Croatia and Slavonia had for a short period during the reign of Joseph II codified criminal law in the form of the General Code on Crimes and their Punishment of 1787. This Code was translated into Croatian in 1788. The purpose of this paper is to provide an overview and to analyse the system of penalties and rules of their imposition contained in Croatian translation of the General Code on Crimes and their Punishment. The first part of paper contains a brief overview
of the system of penalties that have been used in Croatia and Slavonia until the 18th century. This system of penalties was relatively compatible with the then criminal law practice in the western part of the Habsburg Monarchy. The second part of paper deals with basic characteristics of the Joseph IIʼs Criminal Code, types of penalties
and rules of their imposition. The last part of the paper deals with the constitutionality of the introduction of the Joseph IIʼs Criminal Code in Croatia and Slavonia and problems that have arisen in its enforcement, primarily related to the lack of objective requirements necessary for its implementation.

Keywords

Croatia and Slavonia; system of penalties and rules of their imposition; Joseph II; Croatian translation of the General Code on Crimes and their Punishment published in 1788

Hrčak ID:

204633

URI

https://hrcak.srce.hr/204633

Publication date:

27.8.2018.

Article data in other languages: german italian croatian

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