A cirkálás helye és szerepe az erdélyi büntető igazságszolgáltatás rendszerében
The Function and Role of Inquisitio Malefactorum within the Transylvanian Criminal Justice System

Summary/Abstract: Although several researchers have already dealt with the institution of the so-called inquisitio malefactorum, the lack of systematic knowledge and the limited set of unfolded sources indicate the inevitability of a study which focuses on this institution. In this paper, after outlining the procedure itself, I will attempt to provide an adequate definition and to delineate the boundaries of the jurisdiction of the inquisitio malefactorum, as well as to address controversial issues such as the people who carried out the procedure, and also its place and time. In conclusion, we can state that the inquisitio malefactorum is in fact a form of inquisitorial criminal procedure, which operated in parallel with the sedes iudiciariae in the 17th century and it did not become their preparatory procedure, as scholars previously assumed.

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