Historical Prerequisites of Forensic Knowledge in Russia: 1550-1697 Years
20th Annual IBA Transnational Crime Conference. 17–19 May 2017
Posted: 24 Feb 2017
Date Written: February 21, 2017
Abstract
The report is devoted to the analysis of formation of historical prerequisites of forensic knowledge. The second stage (1550-1700 year) is characterized by formation of the basic concept of "general search", including crime scene investigation. In connection with the increase of crimes in the XV-middle XVI centuries, a new concept of "wicked people" (professional criminals) emerged.
Sudebnik of Ivan the Terrible in 1550 year greatly expand some of ideas of Laws of 1497 year. The concept of "wicked people" received consolidation and development in this Sudebnik. In Sudebnik the concept "red-handed person" remains very significant. The concept of general search, received the support in Sudebnik 1550 year is considered as the prototype of the modern concept of crime scene investigation. Some forms of evidence based on orthodox religiosity got the great importance in this stage. Lot was practiced as evidence, that criminal person was indicated by God.
Council Code of 1649 year included the two main types of search: "common" search. During common search, population "survey" was conducted in connection with the fact of the committed crime; "general search." General search was conducted when there was the person who is suspected. The search also included the survey of local population regarding this suspect.
Regulation by Council Code of 1649 the process of torture and determination of conditions of implement of torture was important for investigative and criminal processes.
We made the conclusion that Council Code of 1649 was under strong influence of Roman law. The general search is the remnant of ancient right of communities to participate in the court. Catholic Code of 1649 year, together with the new Articles of 1699 made a significant contribution to the forensic knowledge about crime scene investigation. The new concepts of "general search" and "common search" were developed and clarified.
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