| Research Abstract |
The age of common law in Germany, preceding the enactment of the Criminal Code 1872 of the German Empire's, was the age not only of animated discussions on the theory but also of fruitful attempts to legislate a criminal code in German states, for example 1813 in Bavaria, 1851 in Prussia ; considerable efforts to make out a draft of a modern criminal code and many turns and twists in Bavaria, one of the leading states in South Germany, in Prussia, one in North Germany, and in other states. It was the Criminal Code 1851 of Prussia's that had the most direct and profound effect on the Criminal Code 1872 of German Empire's of all the state's codes. It had the close relationship with the history that the national unity by Prussia effected North German Union and accelerated the attempts at a united criminal code. In this sense, it may fairly be said that it was most direct and profpund that the Criminal Code 1872 of German Empire's, and that there were very few practical differences between them. This is why the legislative process of the Criminal Code 1851 of Prussia's has to be researched and examined positively as well as accurately in order to understand and think deeply of the real meaning of the Criminal Code 1872 of German Empire's, regarded as the root of our Criminal Code, and the theory of criminal law in Germany. The reforming period of Prussia's criminal code is often divided into the 1st Period, the 2nd Period and the latest Period. In the 1st Period, Danckelmann, the Minister of Justice, founded the reforming and the draft (of 1833 and 1836) colored by Kamptz was made out at his dictation. On the contrary, in 2nd Period, the Privy Council had got jurisdiction on the reforming. After deep deliberation at the subcommittees and the general meeting under the Privy Council, in 1840 the draft of the direct committee's and then in 1843 that of the Privy Council's was made out. Each period is found a law unto itself.
|
