Recht und Macht in Verfahren gegen Hexen – Zugleich eine Untersuchung zur Entstehung des Inquisitionsprozesses
Justice and Power in Criminal Proceedings against Witches – at the same Time a Contribution to the Emergence of the Inquisition Process in the Holy Roman Empire)

Summary/Abstract: This article examines the reasons, which led to the development and the ending of witch trials in the Holy Roman Empire.First of all, the essay explains the procedural reasons for the introduction of the inquisition procedure and its effects on the prosecution of heretics in the Holy Roman Empire. Subsequently, the development from the ancient offence of damage magic (maleficium) to the early modern offence of witchcraft is presented. In particular, the reasons are given for the transformation of the maleficium into an element of witchcraft.However, the Carolina, the pertinent criminal and criminal procedural law of the Holy Roman Empire stuck to the maleficium. Nonetheless, the codification of the offence of witchcraft in the Electoral Saxon Constitutions led to the decisive paradigm shift in favour of the offence of witchcraft.Accordingly, the procedure of witch trails is outlined, whereby the focus is on the demarcation of the processus ordinarius and the processus extraordinarius. Furthermore, this essay explains under which circumstances witch trails were excessive and unlawful. In this context the processus extraordinarius is decidedly examined.In the last section of this article, the possibilities to obtain legal protection against illegal procedural acts in witch trails are discussed. Moreover, this article emphasizes that the High Courts of Holy Roman Empire regularly decided in favour of the accused in witch trails. At the same time, the essay shows that the High Courts of the Holy Roman Empire respected the Carolina and contributed significantly to the containment of witch trials.

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