Naslov
Comparison of modern criminal procedural law from the time of Ivan Mažuranić with applicable Croatian criminal procedural law

Autori
Lachner, Višnja ; Vrbošić, Josip

Vrsta, podvrsta i kategorija rada
Radovi u zbornicima skupova, cjeloviti rad (in extenso), znanstveni

Izvornik
Institutions of Legal History with Special Regard to the Legal Culture and History / Béli, Gábor ; Duchonova, Diana ; Fundarková, Anna ; Kajtár, István ; Peres, Zsuzsanna - Bratislava : Peč : Pravni fakultet Sveučilišta u Pečuhu ; Institute of History of Slovak Academy of Sciences, 2011, 275-283

ISBN
978-615-5001-38-3

Skup
Institutions of legal history and their legal cultural - historical background

Mjesto i datum
Pečuh, Mađarska, 18.11.2010. - 20.11.2010

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
Rule of Ban Ivan Mažuranić; Law on Criminal Procedure from 1875; applicable Croatian criminal procedural law

Sažetak
Rule of Ban Ivan Mažuranić is characterised with significant modernisation of unequal direction and intensity. Nomination of Mažuranić as Ban was the beginning of modernisation with aim to accomplish territorial integrity of Croatian lands and to establish Croatian (judicial) cultural and political identity and successful economy. The overview of passed laws shows that laws concerning organisation of judiciary and administration, as well as civil rights and freedoms, as key issues in reformation, were the most present. Mažuranić’s Government worked systematically and rationally with goal to change the nature of Croatian legal-political system. The main goal Mažuranić wanted to achieve at the beginning was amendment to Law on Administration and Judiciary which should be the ground for modernisation of the whole autonomous system. Mažuranić proposed laws on the model of Austrian legislation, which is understandable as he took part in government in Vienna personally. Mažuranic’s reforms included the significant innovations of the civil procedural law and criminal procedure by entering into them modern procedural elements. The ground law of the criminal justice reform was the Law on Criminal Procedure from 1875 based on a French model and principles of accusatory procedure. A simplified investigation procedure, oral and public hearing and the principle of free rating of evidence were also introduced. Apart from that, the role of State Bar concerning decisions about accusation became more significant, duration time of investigative detention was shortened and the measures for its pronouncement became stricter. Adoption of the Law on Criminal Procedure from the 1875 was significant because the criminal procedure was re-equipped and modernized, and also has served as the basis for the creation of the Yugoslav Law on Criminal Judicial Procedure of 16 th February 1929 . Before the Law on Criminal Procedure from 1875 came into force, in Croatia and Slavonia had been applied the Austrian Criminal Procedure Law of 29th July 1853rd who was the first comprehensive Code of Criminal Procedure that was valid in Croatia. Austrian Criminal Procedure Law since 1853 has been applying until the entry into force of the new Austrian Criminal Procedure Law of 23th May 1873rd, which served as a model for developing of Croatian Law on Criminal Procedure from 1875. But, although the mentioned Law was very close to the Austrian Criminal Procedure Law, it did not include jury trial for criminal offences with declared imprisonment over 5 years of hard prison. If we exclude, for today the unacceptable legal institutions such as the martial law, it can be argued that the Law on Criminal Procedure from 1875 was one of the most modern laws of Mažuranić’s judicial reform. Academician Vladimir Bayer said, on the occasion of 100th anniversary of the adoption of the Law on Criminal Procedure, that this Law was " filled with ideas that are still well-respected in the advanced democratic world" and also that " Croatia and Slavonia got modern and for that time very advanced Code of Criminal Procedure which significantly raised the standard of criminal justice, in these our parts ". From the overview of institutions, which were accepted by the Law on Criminal Procedure from 1875 can be noted that these institutions are also known to the current Croatian Law on Criminal Procedure, but also that between those laws, there are some differences and discrepancies.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

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