Justice in the Kingdom of Westphalia

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The judicial system in the Kingdom of Westphalia put down in 1807 in the Kingdom of Westphalia a complete break with the existing structures of the administration of justice . As Napoleonic model state of the test was as well as to renew the court system on a systematic basis, and to unify the legal system undertaken.

Law

Following the French model, Napoleon issued a constitution for the new kingdom , the Constitution of the Kingdom of Westphalia . On January 1, 1808, the civil code ( Code Napoléon ) and civil procedural law ( Code de procédure ) were introduced in the Kingdom. However, it took until September 1808 for the German printed versions of the legal code to be distributed in the provincial administrations. In fact, the standardization of the jurisprudence was difficult, since according to the new law conflicts should be decided as a legal interpretation and not as a case-based legal process. A French criminal law was not introduced. In cases of doubt, the old legal codes of the federal states (e.g. General Prussian Land Law ) should be used.

Ministry of Justice

Joseph Jérôme Siméon (1810), private collection François-Josèphe Kinson

Article 19 of the Constitution regulated the establishment of a Ministry of the Interior and Justice. With an ordinance of December 23, 1808, the Ministry of the Interior and the Ministry of Justice were separated, so that the Ministry of Justice had the overall supervision of the administration of justice. Justice Minister of Westphalia was from 1807 to 1813 the French law professor Joseph Jérôme Siméon . On October 12, 1813, Gustav Anton von Wolffradt took over the Ministry of Justice from Siméon for the last weeks of the kingdom's existence, as the latter fled to France from the approaching Cossacks .

Judicial system

The organization of the courts was reorganized. The previous courts (including the patrimonial courts ) were repealed and new courts were installed. The principles here were:

  • Separation of administration and jurisdiction
  • Judicial independence
  • From a certain importance of the dispute, judgments should not be made by individual judges, but by arbitration boards
  • The process should be public
  • The cases were not allowed to run for more than a year
  • The instance train should not exceed 2 levels.

The public process in particular was an attempt by the government to integrate. This feature from the old Germanic jurisprudence procedure should increase the willingness of officials and the population to cooperate with the new court system.

The judiciary was regulated in Part 11 of the Constitution of the Kingdom of Westphalia (Art. 45–52). For rulings in civil matters was at the level of each canton a justice of the peace charge as arbitrator. From a certain size in the canton, the judge was entitled to an actuary and otherwise spoke judgments as a single judge with an assessor in a public trial. The justice of the peace stood outside the actual instance and was intended as a mediator in the style of the English justice of the peace . Up to a value in dispute of CHF 74, he decided in the last instance; an appeal was possible for amounts in dispute up to CHF 148. Justices of the peace were not allowed to sport all cases that fell directly under their procedural competence , which meant very low salaries for the judges despite the flood of proceedings that had accumulated in the peace courts.

For higher amounts in dispute, courts of first instance were set up at district level . They served on the one hand as appellate courts for decisions by the justices of the peace and on the other hand as courts of first instance for amounts in dispute of up to CHF 1,000. The district courts decided in tribunals . These consisted of three judges for appeals against decisions of the justice of the peace and four judges for decisions of the first instance. Each district court consisted of a president and five other judges. Appellation at the Appellationshof Kassel was possible against decisions of these courts . Here too, justice was given in the ruling chambers (tribunal of the 2nd instance). The Council of State acted as the court of last instance as the court of cassation . The separation of administration and judiciary was thus implemented except for the dual function of the Council of State de iure .

A criminal court has been set up at the level of each department for the judiciary in criminal matters . An appellation was not possible. Only a petition for clemency to the king was possible against his judgments. Less serious criminal proceedings (police offenses, i.e. those up to a fine of 20 francs) should be decided by the justices of the peace who preside over a municipal police court with a corresponding adjunct in personal union.

For voluntary jurisdiction (clarification of property, handling of purchases and auctions, notarizations and contracts), there was a notary in each canton in addition to the courts of justice.

There were also commercial courts in some cities . Military criminal proceedings were tried within the framework of military justice.

Public prosecutors

Public prosecution offices were set up at the criminal courts and the Kassel appellate court . The prosecutors held the title of General Procurator . In addition, to relieve the general procurators, procurators of the king were installed in the districts, who unofficially acted as mediators for conflicts between the administrative and judicial authorities.

List of dishes

Supreme Courts

In September 1810, the Electorate of Braunschweig-Lüneburg became part of the Kingdom of Westphalia. As a result, the Celle Appellationshof was set up as the second Appellationshof. The two farms were responsible for the following departments:

Appellationshof Kassel Appellationshof Celle
Department of the Saale Department of the Elbe
Department of the Harz Department of the Oker
Department of the Leine Department of the Aller
Department of the Fulda Department of the Elbe and Weser estuaries
Department of the Werra Department of the Lower Elbe
Department of the Weser

Criminal courts

Departments main place dish
Department of the Elbe Magdeburg Magdeburg Criminal Court
Department of the Fulda Cassel Cassel Criminal Court
Department of the Harz Heiligenstadt Heiligenstadt Criminal Court

(responsible procurator in Göttingen)

Department of the Leine Goettingen Criminal Court of Göttingen
Department of the Oker Braunschweig Wolfenbüttel Criminal Court
Department of the Saale Halberstadt Halberstadt Criminal Court
Department of the Werra Marburg Marburg Criminal Court
Department of the Weser Osnabrück Herford Criminal Court
Department of the Aller (1810–1813 / 14) Hanover Hanover Criminal Court
Department of the Elbe and Weser Estuaries (only 1810) Stade Stade Criminal Court
Department of the Lower Elbe (only 1810) Luneburg Criminal Court of Lüneburg

Civil courts

(Due to the high number, the individual peace courts are not listed here)

Departments District dish
Department of the Elbe Magdeburg district District Court of Magdeburg
Department of the Elbe Neuhaldensleben district District Court Neuhaldensleben
Department of the Elbe Salzwedel District District court Salzwedel
Department of the Elbe Stendal district District Court of Stendal
Department of the Fulda Cassel District District Court of Kassel
Department of the Fulda Höxter district District court Höxter
Department of the Fulda Paderborn district District court Paderborn
Department of the Harz Heiligenstadt district District Court of Heiligenstadt
Department of the Harz Duderstadt district District court Duderstadt
Department of the Harz Nordhausen district District court Nordhausen
Department of the Harz Osterode district District Court of Osterode
Department of the Leine Göttingen district District court Göttingen
Department of the Leine Einbeck District District Court of Einbeck
Department of the Oker Braunschweig district District court Wolfenbüttel
Department of the Oker Helmstedt district District court Helmstedt
Department of the Oker Hildesheim district District Court of Hildesheim
Department of the Oker Goslar district District court Goslar
Department of the Saale Halberstadt district District Court of Halberstadt
Department of the Saale Blankenburg district District Court Blankenburg
Department of the Saale Halle district District Court of Halle
Department of the Werra Eschwege district District court Eschwege
Department of the Werra District of Hersfeld District Court of Hersfeld
Department of the Werra District of Marburg District Court of Marburg
Department of the Weser Bielefeld district District Court of Bielefeld
Department of the Weser Minden District District Court of Minden
Department of the Weser Osnabrück District District court Osnabrück
Department of the Weser Rinteln District District Court of Rinteln

Other dishes

The Braunschweig Commercial Court also remained in the Kingdom of Westphalia. The Handelscollegium zu Kassel, the local commercial court, was however repealed. A prize court was set up in Kassel .

The country's universities had their own university jurisdiction.

The prefectural councils can be understood as an early form of administrative jurisdiction . These were arbitration chambers located at the départements to decide on objections regarding administrative action.

A mining, smelting and salt office was located in each of the 19 mining authority districts , which decided on disputes in the mining sector.

Two military courts of first instance and one military court of second instance were established in each division. Extraordinary military courts were also set up.

literature

Web links

Individual evidence

  1. ^ Klaus Rob (edit): Government files of the Kingdom of Westphalia 1807-1813. (Sources on the reforms in the Rhine Confederation states, 2). Munich 1992, p. 12.
  2. Constitution of the Kingdom of Westphalia, Art. 45–52
  3. ^ Constitution of the Kingdom of Westphalia, Art. 21