Izvorni znanstveni članak
https://doi.org/10.54070/hljk.32.1.5
TRIAL BY JURY IN DALMATIA: THE INTRODUCTION AND BEGINNING OF ITS APPLICATION (1848–1874)
Dunja Milotić
; Sveučilište u Zagrebu Pravni fakultet
*
* Dopisni autor.
Sažetak
The paper presents the introduction of trial by jury in the Austrian crownland of Dalmatia,
starting from the revolutionary year of 1848, when the jury was first introduced only for press
offences, until its introduction as a general legal institution by the Criminal Procedure Act
of 1873. The introduction of the jury trial as a general institution in Dalmatia was marked by
discussions about whether there were prerequisites for its successful application. The main
obstacles listed were the low education and multinational structure of the Dalmatian population,
as well as the existing blood feuds. For these reasons, Dalmatia was exempted from the
application of trial by jury according to the short-lived Criminal Procedure Act of 1850. In
the debates about trial by jury after the constitutional restoration in 1860, the suitability of the
Dalmatian population for its successful application was again questioned. By using relevant
legal regulations, records of the Dalmatian parliament, Dalmatian professional legal journals
and daily newspapers, the debate on the introduction of trial by jury in Dalmatia is analysed,
as is its application in practice. The paper presents the first press jury hearing in Dalmatia
held in 1872, as well as the application of the jury trial as a general legal institution under the
Criminal Procedure Act of 1873 during the first year of its validity. In this way, an attempt is
made to assess the extent to which the distrust of the central Austrian authorities in Dalmatia’s
competence to successfully apply trial by jury as a general legal institution was justified.
Ključne riječi
jury trial, freedom of the press, criminal procedure, Dalmatia, 1848–1874
Hrčak ID:
341064
URI
Datum izdavanja:
25.11.2025.
Posjeta: 506 *