NCJ Number
167384
Date Published
1996
Length
38 pages
Annotation
Based on the Dubrovnik register from the beginning of the 14th century, this paper discusses the jurisdiction and composition of the court, parallel dispute-solving mechanisms, criminal procedures, rules of evidence, sentencing options, court management, crime patterns, and corrections.
Abstract
During the Venetian dominion over Dubrovnik (1205-1358), the central constitutional position was held by the count of Dubrovnik, appointed by the Venetian authorities. According to the statutory provisions of 1272, the count appointed judges and members of the Minor Council, and every year together with them chose the members of the Great Council. Although judicial power was concentrated in the count's hands, the distribution of political power among patrician families had some influence on his appointments. Criminal procedures were mostly initiated by the claim of the aggrieved party or the party's proxy and were begun ex officio only in serious and complex cases. The system of evidence rules established a minimum proof only for the most serious crimes, so that the court was not usually bound by them. The court assessed the entire conflict situation, and it could pronounce admonition not only for those involved in the crime but also for their families and third persons. The admonition was an attempt to break the chain of vengeance. The penal system was founded on fines that were still efficient and useful for the authorities as a form of cryptotaxation. Most of the crimes involved physical assaults; purely property offenses were rare. 222 notes