Dispatch of files

The sending of files ( Latin transmissio actorum ) was an early modern procedure for obtaining expert advice in criminal and civil proceedings. The occupied with legal layman local courts over ended for the court cases to verdict colleges of lawyers faculties or Schoepp chairs that legal opinions and manifesting capable judgment formulas , called Consilia or Responsa , anfertigten. The courts or parties could request such reports at any stage of the proceedings, for example to ensure the lawfulness of the proceedings. It is controversial whether the courts were bound by the judgments of the panel of judgments.

The most important basis for the originally from Italy originating legal institution was the filing dispatch Art. 219 of the Constitutio Criminalis Carolina of 1532, according to which "judges where hem doubt zufiele, on nechsten high schu ^o len, Stetten, communes or rechtuerstendigen others, [...] , counsel for ^o su ^o chen were "guilty.

In some cases, already forbidden before, the sending of files in Germany formally ended on October 1, 1879 with the entry into force of the Reich Justice Acts and the Courts Constitution Act .

Web links

Marianne Sauter: sending files . In: Gudrun Gersmann, Katrin Moeller, Jürgen-Michael Schmidt (eds.): Lexicon for the history of witch persecution. In: historicum.net . Retrieved February 22, 2010.
Marianne Sauter: Legal Consultations ( Memento from June 7, 2007 in the Internet Archive ). In: Christian Keitel, Regina Keyler (eds.): Serial sources in south-west German archives ( Memento from October 11, 2004 in the Internet Archive ). Retrieved February 22, 2010.

Individual evidence

^ Maren Bleckmann: Rank and Right. For the legal settlement of conflicts of rank in the 17th and 18th centuries . (PDF; 1.3 MB) Diss. Münster 2003, p. 81 with additional information
↑ unknown: Keyser Karls the Fifth: vnnd of the holy Roman Empire embarrassing court order . Mainz 1533, Constitutio criminalis Carolina (1533) . Full texts in Wikisource .
↑ As a result of Frederick II's ban on sending trial files in 1746.
^ Maren Bleckmann: Rank and Right. For the legal settlement of conflicts of rank in the 17th and 18th centuries . Diss. Münster 2003, p. 82 (PDF file; 1.3 MB).

[1] Maren Bleckmann: Rank and Right. For the legal settlement of conflicts of rank in the 17th and 18th centuries . (PDF; 1.3 MB) Diss. Münster 2003, p. 81 with additional information

[2] unknown: Keyser Karls the Fifth: vnnd of the holy Roman Empire embarrassing court order . Mainz 1533, Constitutio criminalis Carolina (1533) . Full texts in Wikisource .

[3] As a result of Frederick II's ban on sending trial files in 1746.

[4] Maren Bleckmann: Rank and Right. For the legal settlement of conflicts of rank in the 17th and 18th centuries . Diss. Münster 2003, p. 82 (PDF file; 1.3 MB).