Povijesni prilozi, Vol. 43 No. 66, 2024.
Original scientific paper
https://doi.org/10.22586/pp.v43i66.30030
The Legal Framework of Property Confiscation in the Context of the Zrinski-Frankopan Conspiracy
Henrik-Riko Held
orcid.org/0000-0002-6217-2655
Abstract
This paper analyses the legal framework of property confiscation during the military campaign against Zrinski and Frankopan, and the criminal proceedings against them for high treason (crimen laese Maiestatis), for which they were ultimately executed. Confiscation of their property was initially ordered through an imperial proscription and royal proclamation at the end of March 1670, and was promptly undertaken. However, further confiscation was demanded during the trial (November 1670 – April 1671). Therefore, the main issue addressed here is determining the moment at which confiscation occurs in the context of crimen laese Maiestatis in Roman legal tradition – whether it happens when the crime is committed or after the sentence is delivered in the criminal proceedings. The analysis begins by establishing a general chronology based on extant sources. Following this, the argumentation of the defence and prosecution in the criminal proceedings against Zrinski and Frankopan is addressed. Legal grounds for the confiscation are particularly analysed regarding the notion of crimen laese Maiestatis in Roman law and Roman legal tradition, with special attention to the laws applicable during the proceedings against Zrinski and Frankopan. The seizure of rebels’ property from the perspective of the then applicable ius gentium is also addressed. Finally, possible reasons for the cumulation of various legal grounds for the confiscation of property in this case are discussed.
Keywords
Zrinski-Frankopan Conspiracy; confiscation; crimen laese Maiestatis; high treason; Roman legal tradition
Hrčak ID:
319238
URI
Publication date:
8.7.2024.
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