Inheritance law, Family law, Criminal law, Criminal...

Inheritance law

Inheritance law was little developed. A number of norms of this law were contained in the Decree of Vasily Lupu. Votkin completely or in parts passed to the nearest heirs of the landowner, depending on the degree of kinship with the latter, primarily his children of both sexes. Sisters inherited the fiefdom or part of it along with the brothers.

Family law

Family law also did not receive detailed development. There were only separate norms in the Regulations of Vasily Lupu. Basically, marriage and family relations were regulated by canon law. The class principle in the field of family law was expressed very clearly. So, if a feudal-dependent girl - a peasant woman - was getting married in another village, then she was paid a ransom to the prince - the head of the community. In the case of the marriage of a gypsy of one feudal lord on a gypsy belonging to another serf, the children from their marriage were distributed among the parents of the parents.

Criminal law

Most of the attention of Vasily Lupu's Code was devoted to the development of criminal law (it contained more than 1000 articles relating to this branch of law). Legislation by all means strengthened the criminal and legal protection of the life, property and privileges of the feudal lords from the growing class struggle of the enslaved peasantry and the lower strata of the urban population.

The basic principle of feudal law as a right-privilege was held in the Code clearly and frankly. Norms of criminal law The Code was openly class character, expressing the interests of the ruling class of Moldovan feudal lords.

The law gave the notion of crime, intent, relapse, complicity, incitement, nedoinoyatelstva, insanity, prescription, necessary defense, extreme necessity, etc. He distinguished a single and group crime, pointed to circumstances that mitigated responsibility, identified the causal relationship between the unlawful act and the result.

The system of punishments under the Code was aimed at strengthening criminal repression for actions against the ruling class. The punishment pursued the goal not only of retribution, but, mainly, of intimidation. This was evidenced by such types of qualified death penalty as burning and burial alive, landing on the stake, filling the throat with molten metal, or such self-punishing punishments as cutting off the arm, nose, tongue, blinding, castration.

A characteristic feature of the system of punishments under the Code was their uncertainty, dependence on the will of the judge, the special softness of punishment for members of the ruling class, with particular cruelty of punishment for the exploited lower classes. The punishment was the tougher, the higher the social position was the victim and the lower the criminal. Thus, any boyar who committed a premeditated murder, if he was a nobleman, wealthy and necessary to the state, was punished at will by a fine for a large sum of money, while the ignorant was punishable by the death penalty.

The Code provided for a number of crimes directed mainly against the feudal serf system. Those who lead all the people or city against the judge are punished as having committed a crime against the sovereign himself. The murder of the ruler (judge), servant servants and other feudal lords was considered an encroachment on the sovereign himself. This category of crimes entailed the most serious types of punishment, the extent of which depended solely on the will of the feudal court. The encroachment on the ruler was punished at first by cutting off the hand, tying horses to the tails and delivering in this form to the place of execution, where the perpetrator was quartered.

The Code knew the crimes against the financial rights of the state. For counterfeiting the coin, the counterfeiter was cut off and then burned. Much attention was paid to combating crimes against landed property: the unlawful use of land and water and their capture entailed merciless beatings and high fines for the perpetrators, and if there were violent actions in the seizure of the land - the death penalty.

The Criminal Process

The criminal trial in feudal Moldova was of an inquisitional nature. The Code provided for torture at the stage of the proceedings, but specifically stipulated that the people of the eminent, i.e. belonging to the class of feudal lords, can not be tortured.

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