Codex Iuris Bavarici Criminalis

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The Codex Iuris Bavarici Criminalis (abbreviated to CIBI ) was a penal code of the Electorate of Bavaria published in 1751 . The law was the prelude to a comprehensive legal reform, which was completed by a modern civil procedure and civil law.

In contrast to the two aforementioned civil legal systems, the Codex Iuris Bavarici Iudiciarii , which came into force in 1753, and the Codex Maximilianeus Bavaricus Civilis of 1756, the criminal code , which anticipated the time, reveals no traces of an enlightened absolutism of the times . Instead, old-fashioned repugnant facts shaped him. It included sorcery dictates such as blasphemy, heresy and witchcraft. Torture continued to serve as a means of establishing the truth , which is referred to as a “common torture”. The thumb stick , drawing up and traction with pointed rods were permitted . In the case of pointed rod torture, the codification compared to the Middle Ages was limited to laying the delinquent on his stomach so that he was only flogged on the back. The antiquated image was rounded off by more severe types of punishment resulting in death , such as staking , quartering or burning . Sometimes these drastic punishments should be omitted to avoid unnecessary costs .

It was not until the criminal code of 1813 introduced by Anselm von Feuerbach in Bavaria that the criminal law was comprehensively changed. It was already stated in the introduction to the new law that the Codex had outlived itself because of its “disproportionate severity”. Torture was abolished and the principle of legality introduced. This work then already stood in the Kant-critical tradition of natural law and also set a precedent in various states outside of Bavaria. This very progressive codification was ultimately replaced by the Prussian Criminal Code of 1851 , on the basis of which the German Criminal Code came into effect.

background

The impetus for the legally implemented by Wiguläus von Kreittmayr in the Electoral Council of Kurbayern and by Max III. Joseph accompanied reforms had adopted in 1746 Cabinet Order of Friedrich II. Of Prussia given (Frederick the Great), whose motive to unify the territorial rights and the ability to make decisions about common law was controversy. Under the influence of Voltaire and Montesquieu , Frederick II demanded understandable laws based on naturally reasonable considerations of a legal system. The Bavarian electorate gratefully took up these influences, especially since the legal scholars Christian Thomasius and Christian Wolff had done considerable preparatory work on a natural law based on rational law.

Remarks

  1. ↑ a b Otto Stobbe : History of the German legal sources. Verlag CA Schwetschke & Sohn Braunschweig, Vol. I 1860, Vol. II 1864. S. 443. ( Online )
  2. ^ Eberhard Schmidt : Introduction to the history of the German criminal justice system . Göttingen 1965. p. 223 ff .; 248 f.
  3. ^ A b Franz Wieacker : History of private law in the modern age with special consideration of the German development. Vandenhoeck u. Ruprecht, Göttingen 2nd edition 1967, pp. 322-347 (326 f.).
  4. ↑ The Amberger Fronfeste tells: The embarrassing questioning .
  5. ↑ a b Herbert Grziwotz: 200 Years of the Bavarian Criminal Code . In Legal Tribune online .
  6. ↑ Criminal Code for the Kingdom of Bavaria
  7. ↑ About Feuerbach and his penal code: Gustav Radbruch : Paul Johann Anselm Feuerbach: Ein Juristenleben . 1957, p. 76 ff.
  8. ↑ Erik Wolf : Great legal thinkers in German intellectual history . Tübingen 1963. p. 543 ff.