Interrogational Torture in Criminal Proceedings - Reflections on Legal History -, Vol. 1

In: Rechtspolitisches Forum, Band 68

Abstract

Subject of this publication is torture as an interrogational instrument in criminal proceedings from a legal history point of view. Thereby, the author makes a distinction between torturing the accused on the one hand and, on the other hand, torture as an instrument to force a witness' incriminating testimony against third parties (in German: Zeugenfolter), torture as a means to avert dangers (lifesaving torture), torture as an additional cruelty to the accused's punishment (in German: Straffolter), and corporal punishment for lying in court. Only the first manifestation, namely torturing the accused intending to extort his confession, is the real subject of this paper. Volume I covers the following historical periods: Code of Hammurabi; Germanic Law; Roman Law; Age of the Kingdom of the Franks; High Middle Ages.