Maximilian neck court order

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The Maximilian Halsgerichtsordnung , also known as the Tyrolean Maleficite Code , was the first codified criminal law in German-speaking countries. It was introduced by King Maximilian in his capacity as Prince of Tyrol in 1499 . The criminal proceedings were regulated according to these jury rules in such a way that judges and juries took over the jurisdiction, while defense attorneys were not provided. After the indictment was read, the accused and witnesses were heard. According to the legal understanding of the time, no one could be sentenced without a confession. Torture and embarrassing questioning were often part of the trials in order to obtain these confessions .

The individual blood courts had to have the torture and the death penalty ratified by the episcopal city and court courts. Furthermore, the penalties for offenses and crimes were regulated in the neck court order.

This Malefizordnung later flowed into the Constitutio Criminalis Carolina . It was replaced in 1770 by the Constitutio Criminalis Theresiana .

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