ОСНОВЕ НОРМАТИВНОГ РЕГУЛИСАЊА КРИВИЧНОГ СУДСКОГ ПОСТУПКА У КНЕЖЕВИНИ СРБИЈИ (1846–1865)
THE NORMATIVE FRAMEWORK OF CRIMINAL PROCEDURE IN THE PRINCIPALITY OF SERBIA (1846-1865)

Summary/Abstract: This paper examines the normative framework of criminal procedure in the Principality of Serbia and its development in the period from 1846 to 1865, which is of great importance for legal history. The process of developing criminal procedure legislative framework was based on the legal provisions on judicial powers envisaged in the Constitution of 1838, the first Enactments on the organization of courts issued in 1839 and 1840, and numerous official circular letters which explained and modified the existing legal standards. In the period from 1846 to 1865, there were significant developments in court proceedings. The first judicial standards were established by the Law on the Organization of County Courts adopted in 1846. In the subsequent period, legal provisions on criminal justice proceedings were constantly revised and amended. The legislative efforts ultimately resulted in the adoption of the 1865 Code on Court Procedure in Criminal Offences. The aim of this article is to reconstruct the norms of criminal justice proceedings before the first codification and to examine the development of related judicial practice, none of which have been systematically studied so far.

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