Autore
Briegel, Françoise

Titolo
Defence in inquisitorial proceedings and the adversarial balance (Senate of Chambery - 18 th Century)
Periodico
Quaderni storici
Anno: 2012 - Volume: 141 - Fascicolo: 3 - Pagina iniziale: 669 - Pagina finale: 692

Attentive to the role of the intermediate jurisdiction, the juridiction-mage,and its relations with the supreme court of the Senate of Chambery duringthe 18th century, this article demonstrates how defence practices allow us tore-examine the place of the defendant in criminal justice. Since the MiddleAges, the legal tradition of the Dukes of Savoy highlighted the special interestthat authority manifested with respect to vulnerable groups. Widows,minors, orphans, the destitute and paupers benefited from the provision ofcounsel and legal assistance, particularly before courts that settled disputes.From the Royal Constitutions of 1723, legal assistance was extended to defendantstried in major criminal cases. In the intermediate courts and in theSenate of Chambery, defence practices appear to have been systematic fornon-contumacious defendants. Thus, inquisitorial proceedings took on anadversarial nature and, once the secret investigation had ended, the opinionsof the lawyer and prosecutor followed. Defence practices confirm that thelegal authorities took into consideration the vulnerability of defendants inthe face of the increasing complexity of the proceedings. The defendants'lack of knowledge of the law would require the assistance of a lawyer whoseopinions, which although subject to legal restrictions, allowed a balance tobe achieved in the proceedings.



SICI: 0301-6307(2012)141:3<669:DIIPAT>2.0.ZU;2-5
Testo completo: http://www.mulino.it/download/article/10.1408/38805
Testo completo alternativo: http://www.mulino.it/doi/10.1408/38805

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