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The model of criminal proceedings in cases initiated by infants in England (13th–18th c.)

100%
Złamańczuk P.
Studia Iuridica Lublinensia
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2013
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vol. 19
EN
Although English law tried to restrict infants’ ability to prosecute, they playeda significant role in the private prosecution (appeals) of crime. According to common law, an infant is a person under the age of twenty-one years, which is termed his full age. This article analyzes the model of proceedings in private prosecutions brought by infant appellants between the 13th and 18th centuries.
PL
Brak abstraktu w języku polskim
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Azyl w angielskim prawie karnym (XIII–XVI w.)

100%
Złamańczuk P.
Miscellanea Historico-Iuridica
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2011
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vol. 10
47-69
EN
The paper analyzes the privilege of sanctuary in English criminal law between the 13th and 16th centuries. The general privilege of sanctuary belonged to all churches, chapels and churchyards. Any felon who had taken sanctuary could remain there for forty days. During that time he had to declare to the coroner whether he would stand trial or abjure the realm. If he chose the latter, he then had to confess his guilt before the coroner, swear to leave the country and never return without the king’s license. He was assigned the nearest port from which he should leave the country. If, during this forty days privilege of sanctuary, or while he was en route to the seaside, he was arrested and arraigned, he might plead the privilege of sanctuary. The private sanctuaries, created by a grant either from the Pope or from the king, usually imposed no time limit and gave protection for life. The sanctuary, therefore, could be used as a convenient base for planning criminal activities. No doubt, the privilege of sanctuary was frequently abused. As a result, judges became more hostile to the plea of sanctuary and in 1534 the privilege was taken away from all traitors. Sanctuary and abjuration disappeared in the Tudor period. In 1624, it was enacted that no sanctuary or privilege of sanctuary be hereafter admitted or allowed in any case.
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Approver’s Procedural Position in English Criminal Trial Between the 12th and 16th Centuries

100%
Złamańczuk P.
Krakowskie Studia z Historii Państwa i Prawa
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2018
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vol. 11
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issue Special Issues
69-83
EN
The paper analyses the procedural position of the approver in the English criminal trial between the 12th and 16th centuries. The medieval prototype of King’s evidence was the approver – a self-confessed felon who accused his accomplices of complicity in his crime. He was required to prove the truth of his accusation, either in trial by battle or by verdict of the jury. In the late 15th century, approvers seem to have become increasingly uncommon. The 16th century saw the development of a practice which historians refer to as “appeachment”. Unlike approvement, appeachment did not involve trial by battle, nor did it require accomplices to be convicted.
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