Professional paper
RATIONAL AND IRRATIONAL IN THE SENJ STATUTE OF 1388 - THE CRIMINAL PROCEEDING ASPECTS
ANAMARIJA KVATERNIK
Abstract
The Statute of Senj of 1388 contains the norms developed from 1388 until the beginning of 15th century. Although to the modern-day reader the Statute of Senj may appear disorderly, it implicitly indicates a tendency to provide the systematic review of the materials reduced under the common denominator, and, among other things, the institutions of the substantive criminal law and proceedings (from §27 to §68). The same institutions can be found in regulations from §69 to §130 and they can be brought under the general common denominator, as well as regulations from §1 to §17 which are predominantly related to the rights of nobles. The subject matter of this paper is in fact the criminal proceeding norms from the "Statutum segniae", and the observed characteristics of those regulations, viewed though the prism of the Counts of Krk’s rule and the role of Senj as the Kvarner commune of Sigismund’s period, could be interpreted as an unusual tangle of the institutions of the rational criminal proceedings from the period of the Roman Republic and proceedings which rest on the irrational basis and extend from the Roman proceeding during the Empire all the way across the canon criminal proceedings and are primarily, realised though the institutions of the witness oath and torture. That tangle has in a very distinctive way succeeded to coexist with the institutions of the Croatian statutory Middle Ages.
Keywords
Senj; Statute of Senj; 1388; penal process aspects
Hrčak ID:
42883
URI
Publication date:
20.12.2007.
Visits: 1.952 *