| Abstrakt: |
Abstract: The 58th article of the penal code issued by Maria Theresa (Theresiana - 1768), let as say the Article on Sorcery (1766) did not represent (as suggested traditionally in the literature) only a not very successful compromise between the traditional penal law doctrine on the one hand and new impulses of the philosophy and legal thinking of the Age of Enlightenment, though it may appear so at the first sight or by superficial reading. The Empress achieved in Theresiana the decriminalisation of the offense of magic art not only in practice but de iure as well. De facto, in practice, this stage had been reached already earlier, in the second half of the fifties of the 18th century. This manner of decriminalisation is typical for the (central)european penal law in the earlier phase of the Enlightenment through which was also just passing the Habsburg monarchy under the reign of Maria Theresa. In the same way is for this phase of development typical the strenghtening of the protection and the rights of the accused or investigated person within the penal procedure by creating different formal and real guarantees and obstacles during the proceedings. This approach was partly a continuation of the early modern and in the early stage of Enlightenment voiced criticism of magic art and sorcery trials. |
