Breeding Police Court

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The Zuchtpolizeigericht was a type of court introduced by the Code d'instruction criminelle of November 16, 1808 in the areas on the left bank of the Rhine during the time of the First Empire ( Napoleon Bonaparte ) and by some states of the Confederation of the Rhine . The Breeding Police Court punished those criminal acts which were classified by the law as so-called offenses (French: délits ) (depending on the gravity of the offense, misdemeanor, crime). Breeding police courts could sentence a maximum of five years in prison. It consisted of several judges in France and other countries.

General provision of the Code d'instruction criminelle

The code d'instruction criminelle was issued on November 16, 1808 and applied to the French code of criminal procedure in France and also in the dominated areas.

According to the code d'instruction criminelle , violations (French: contraventions ) before the simple police courts (French: tribunaux de simple police ), so-called offenses (French: délits ) before the breeding police courts (French: police correctionnelle ) and so-called crimes (French: crimes ) before the jury courts (French: cour d'assises ).

The example of this regulation subsequently leads in the German states to the end of the inquisition proceedings from the time of the Holy Roman Empire .

Implementation in Germany during the time of the German Confederation

The Breeding Police Court and its application in proceedings should be seen in connection with the introduction of the jury in Germany. The code d'instruction criminelle assigned jury courts to convict crimes . French law was preserved in the areas on the left bank of the Rhine after Napoleonic rule was eliminated and was thus a significant reform of the German criminal law process . The French jurisprudence according to the code d'instruction had criminal validity in the Prussian Rhineland , in Rhine Bavaria and in Rheinhessen . Before the introduction of the Competence Act, the courts were clearly structured according to the type of offense.

Contractions (later violations in Germany , from 1974 mostly administrative offenses or administrative penalties in Austria) were punished by the peace or police courts, offenses by the breeding police courts and crimes by the jury .

Prussia

The cabinet order of November 1818 threatened the elimination of the code d'instruction criminelle in the areas left of the Rhine as soon as the revision of the general land law for the Prussian states was completed. In 1843, the revision work on the substantive criminal law, title 20 of the second part of the general land law, was almost completed, so that the draft of a new criminal law could be published and thus the estates could be given advice. In particular, the new draft law provided for a link with the “Competence Act”, which changed the functions of the Rhenish courts.

The new draft law provided for breeding police courts to move up to the decisive authority. This should now be able to impose “all kinds of punishments”, including forced labor and prison, as a judgment, if the term of punishment does not exceed five years.

According to the draft of 1843, only trials with sentences of more than five years would have been submitted to the jury for decision. The citizens who lived in the Prussian enclave (ie the "Rhine Province") took the position of the continuation of French legislation. The appreciation of French law by the Rhenish bourgeoisie was not based solely on progressive motives, but was at least equally based on selfish purposes. The main thing was that the Rhinelanders were opposed to the draft of 1843, as it contained changes to the substantive and formal criminal law and thus threatened to deprive the jury of the powers. This would have meant a change, especially in the case of property crimes such as wood theft in the Rhine provinces. The forest crime was judged separately since June 7, 1821 by the wood theft law. They did not want to give up this special route on the Rhine.

After the draft of 1843 was rejected, there were further drafts in the years 1845, 1847, 1848, 1849 and 1850. The last "Draft of the Criminal Code for the Prussian States" of December 10, 1850 was the first ("Herrenhaus") and Second Chamber ("House of Representatives") of the Prussian state parliament . The deliberations lasted until April 12, 1851. Two days later the new penal code, with the royal signature of Friedrich Wilhelm, became the fourth law and came into force on July 1, 1851.

The German Imperium

The tripartite division of the criminal offenses of French law (according to the code d'instruction criminelle ) found its equivalent, via Prussian legislation, in the Reich Criminal Code of 1870/71 with the tripartite division of the offenses into crimes, offenses and transgressions. The factual jurisdiction found in 1877/79 with the Courts Constitution Act.

In the German Reich , the German code of criminal procedure applied, which referred these offenses to the criminal chambers of the regional courts, and lighter offenses to the lay judges' courts (crimes).

Completed breeding police matters in Prussia between 1844 and 1849

completed examinations in
year "Breeding Police Matters" total
1844 14,689 142,898
1845 14,380 156,452
1846 15,966 168,641
1847 20,898 197,528
1848 18.198 126.252
1849 17,458 145.196
  1. ↑ Sum of police matters (contraventions), breeding police matters (offenses) and criminal matters (crimes)

See also

literature

  • Dirk Blasius : The fight for the jury courts in March . In: Hans Rosenberg, Hans Ulrich Wehler (Hrsg.): Social history today: Festschrift for Hans Rosenberg for his 70th birthday . Critical studies of history . tape 11 . Vandenhoeck & Ruprecht, Göttingen 1974, ISBN 3-525-35962-4 , pp. 148-161 .
  • Meyers Konversations-Lexikon , Uralsk - Zz, Volume 16, 1888, page 974; Author collective, Verlag des Bibliographisches Institut, Leipzig and Vienna, fourth edition, 1885–1892; on-line

Footnotes

  1. ↑ a b Meyers Konversations-Lexikon, Uralsk - Zz , 16th volume, 1888, page 974; Author collective, Verlag des BibliographischesInstitut, Leipzig and Vienna, fourth edition, 1885–1892
  2. ↑ a b c d e f Dirk Blasius: The fight for the jury courts in the Vormärz . In: Hans Rosenberg, Hans Ulrich Wehler (Hrsg.): Social history today: Festschrift for Hans Rosenberg on his 70th birthday . tape 11 of Critical Studies in History. Vandenhoeck & Ruprecht, Göttingen 1974, ISBN 3-525-35962-4 , pp. 155 .
  3. ↑ Dirk Blasius: The struggle for the jury courts in the March . In: Hans Rosenberg, Hans Ulrich Wehler (Hrsg.): Social history today: Festschrift for Hans Rosenberg on his 70th birthday . tape 11 of Critical Studies in History. Vandenhoeck & Ruprecht, Göttingen 1974, ISBN 3-525-35962-4 , pp. 150 .
  4. ↑ Dirk Blasius: The struggle for the jury courts in the March . In: Hans Rosenberg, Hans Ulrich Wehler (Hrsg.): Social history today: Festschrift for Hans Rosenberg on his 70th birthday . tape 11 of Critical Studies in History. Vandenhoeck & Ruprecht, Göttingen 1974, ISBN 3-525-35962-4 , pp. 154 f .
  5. ↑ Thomas Vormbaum: Introduction to the modern history of criminal law . Springer Verlag, Berlin Heidelberg 2009, ISBN 978-3-540-75954-6 , p. 74 f . (see note 81).
  6. ↑ Dirk Blasius: The struggle for the jury courts in the March . In: Hans Rosenberg, Hans Ulrich Wehler (Hrsg.): Social history today: Festschrift for Hans Rosenberg on his 70th birthday . tape 11 of Critical Studies in History. Vandenhoeck & Ruprecht, Göttingen 1974, ISBN 3-525-35962-4 , pp. 157 f .
  7. ↑ Thomas Vormbaum: Introduction to the modern history of criminal law . Springer Verlag, Berlin Heidelberg 2009, ISBN 978-3-540-75954-6 , p. 80-82 .
  8. ↑ Thomas Vormbaum: Introduction to the modern history of criminal law . Springer Verlag, Berlin Heidelberg 2009, ISBN 978-3-540-75954-6 , p. 75 .
  9. ↑ Dirk Blasius: The struggle for the jury courts in the March . In: Hans Rosenberg, Hans Ulrich Wehler (Hrsg.): Social history today: Festschrift for Hans Rosenberg on his 70th birthday . tape 11 of Critical Studies in History. Vandenhoeck & Ruprecht, Göttingen 1974, ISBN 3-525-35962-4 , pp. 157 (see table 4 for figures).