Benedikt Carpzov’s Influence on the 18th Century Criminal Practice in Hungary – Analysis of a Legal Case from Debrecen
Benedikt Carpzov’s Influence on the 18th Century Criminal Practice in Hungary – Analysis of a Legal Case from Debrecen

Summary/Abstract: This paper is essentially founded on two observations regarding early modern periodical criminal law. On the one hand, according to the apparent consensus, the German (Austrian) law had a significant impact on the legal development of the Central-Eastern European region and the marks of these effects can be detected in Hungarian criminal practice as well. On the other hand, the minority age as a relevant circumstance in criminal litigation was a momentous factor concerning the improvement of modern criminal justice. Due to these assertions, my reseach is based on the “arsenal” of classical and text-related jurisprudential methodology (especially using interpretatio grammatica and systematica) is confined to provide insight into Benedikt Carpzov’s influence on the criminal case law of one crucially important city located in the eastern part of Hungary (Debrecen) in the middle of the 18th century. “Carpzovian-effect” is going to be descriptively illustrated through the analysis of minority age. One legal case chosen among the criminal praxis of Magistrates of Debrecen is going to be dissected with regard to presenting a few contemporary aspects of minority age. This is not an overall case note, since certain procedural parts of the criminal proceedings picked out of the archival file of the legal case on the strength of the research goals are going to be elaborated. The paper aims to demonstrate the noted Saxon legal scholar’s emergence in the criminal case law of Debrecen as well as to scrutinize minority age with particular respect to the mitigation of punishment.

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