ЧЕДОМОРКЕ И ВЕШТИЦЕ У СРПСКОМ ПРАВУ У ПРВОЈ ПОЛОВИНИ XIX ВЕКА
INFANTICIDES AND WITCHES IN SERBIAN LAW IN THE FIRST HALF OF XIX CENTURY

Summary/Abstract: During the First and Second Uprising, influenced by historical, social, cultural and ethnic processes that have a significant share in the formation and development of the Serbian state, women were punished for criminal acts of infanticide and witchcraft which shows a number of court decisions. The customary and canonical rules from that period also predicted specific sanctions for these criminal acts. To prevent the commission of the crime of infanticide, Karadjordje allowed to go unpunished the girl who rejected her child, and the first sentence prescribed by Milos was fine. However, according to the court judgments, which were in accordance with the rules of positive law, infanticide has failed to curb. Therefore, the penalty policy tightening and usually carries a sentence of infant- shot knout (whipping). Prevention of infanticide is not helped by the death penalty, which was first enacted from Karadjordje and later from Milos in the period of one year. Cash, body and the death penalty, which is positive legislation anticipated in the case of a crime of infanticide have just taken from the customary rules. Unlike infanticide punishment, as for the punishment of witches, there is a gap between the canonical and customary rules on the one hand and legislation on the other hand. Karadjordje ordered that those who killed or tortured the witches will be sentences in the same way, but he was the first who did not respect this order in practice.

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