Constitutio Criminalis Carolina
Encyclopedia
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Strafgesetzbuch
Strafgesetzbuch is the German name for Penal Code and is abbreviated to StGB.- History :In Germany the Strafgesetzbuch goes back to the Penal Code of the German Empire passed in the year 1871 which was largely identical to the Penal Code of the North German Confederation.This Reichsstrafgesetzbuch ...
). It was also known as the Halsgerichtsordnung
Blutgericht
Blood Court or high justice in the Holy Roman Empire referred to the right of a Vogt to hold a criminal court inflicting bodily punishment, including the death penalty.Not every Vogt held the blood court...
(Procedure for the judgment of capital crimes) of Charles V.
Its basis was the Halsgerichtsordnung of Bamberg
Bamberg
Bamberg is a city in Bavaria, Germany. It is located in Upper Franconia on the river Regnitz, close to its confluence with the river Main. Bamberg is one of the few cities in Germany that was not destroyed by World War II bombings because of a nearby Artillery Factory that prevented planes from...
(also known as the Bambergensis) drawn up by Johann Freiherr von Schwarzenberg in 1507, which in turn went back to the humanistic
Humanism
Humanism is an approach in study, philosophy, world view or practice that focuses on human values and concerns. In philosophy and social science, humanism is a perspective which affirms some notion of human nature, and is contrasted with anti-humanism....
school of Roman law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
.
The Carolina was agreed in 1530 at the Diet of Augsburg
Diet of Augsburg
The Diet of Augsburg were the meetings of the Imperial Diet of the Holy Roman Empire in the German city of Augsburg. There were many such sessions, but the three meetings during the Reformation and the ensuing religious wars between the Roman Catholic emperor Charles V and the Protestant...
under Holy Roman Emperor Charles V
Charles V, Holy Roman Emperor
Charles V was ruler of the Holy Roman Empire from 1519 and, as Charles I, of the Spanish Empire from 1516 until his voluntary retirement and abdication in favor of his younger brother Ferdinand I and his son Philip II in 1556.As...
and ratified two years later at the Diet in Regensburg
Regensburg
Regensburg is a city in Bavaria, Germany, located at the confluence of the Danube and Regen rivers, at the northernmost bend in the Danube. To the east lies the Bavarian Forest. Regensburg is the capital of the Bavarian administrative region Upper Palatinate...
(which was judicially a Hoftag, an informal meeting), at which point it became law. It predominantly covered civil law
Private law
Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts, as it is called in the common law, and the law of obligations as it is called in civilian legal systems...
alongside criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
. Under the terms of the Constitutio Criminalis Carolina, actions such as murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
, manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
, robbery
Robbery
Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....
, arson
Arson
Arson is the crime of intentionally or maliciously setting fire to structures or wildland areas. It may be distinguished from other causes such as spontaneous combustion and natural wildfires...
, homosexual
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
relations and witchcraft
Witchcraft
Witchcraft, in historical, anthropological, religious, and mythological contexts, is the alleged use of supernatural or magical powers. A witch is a practitioner of witchcraft...
were henceforth defined as severe crimes. In particularly the Carolina specified that those found guilty of causing harm through witchcraft should be executed with fire
Execution by burning
Death by burning is death brought about by combustion. As a form of capital punishment, burning has a long history as a method in crimes such as treason, heresy, and witchcraft....
, laying the foundation for the mass witch trial
Witch trial
A witch trial is a legal proceeding that is part of a witch-hunt. * Witch trials in Early Modern Europe, 15th–18th centuries** Salzburg witch trials - 1675-1690, Salzburg, Austria** Spa witch trial - 1616, Belgium...
s between 1580 and 1680. It was also the basis for the use of obtaining confessions by torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
.
The aim of the Constitutio Criminalis Carolina was to unify the legal system of the Holy Roman Empire
Holy Roman Empire
The Holy Roman Empire was a realm that existed from 962 to 1806 in Central Europe.It was ruled by the Holy Roman Emperor. Its character changed during the Middle Ages and the Early Modern period, when the power of the emperor gradually weakened in favour of the princes...
, and thereby put an end to the penal jurisdiction which had until then varied haphazardly between the Empire's states. The Carolina succeeded in this despite a severability clause under which the Carolina only had subsidiary importance to the particular laws of the Imperial Estates. This severability clause was necessary to secure the assent of the Imperial Estates, which wanted to hold on to their own legal and legislative powers. Nevertheless the severability clause did not detract from the Carolina's unification of the legal system and its reformatory effect on criminal law was indisputable.
Further historical importance of the Constitutio Criminalis Carolina arises from the fact that this was the first adoption of the canonical Italian legal institute of the inquisition. Earlier criminal law only dealt with accusations of the victim of the crime without making inquiries of its own. The inquisition gave the court the chance to examine a case on its own accord and to find a judgement basing only on facts without being restricted by the interests of the parties.