Review

Part 2

The article is devoted to the review of legislative acts of the Austrian Empire and the Austro-Hungarian Empire, which were used on Ukrainian lands in different periods of statehood. The author analyzes the most important law provisions for the modern criminal legislation of Ukraine. Legislative acts are divided into two groups in the article. The first group includes those that are basic and form the so-called “basic penal law”, and the second - additional legislative acts included in the “additional penal law”.

The purpose of this article is to systematically present the legal constructions used in the legislative acts of the Austrian Empire and the Austro-Hungarian Empire as sources of criminal law.

The legal constructions referred to above relate to various institutions of the criminal law of the Austrian Empire and the Austro-Hungarian Empire: a crime, an offense, a criminal responsibility, a criminal offender, complicity in a crime, etc. Substantiated that the content of these legal structures affected the structure of these laws as sources of criminal law. Taking into account such specificity, the article draws attention to the structure of the Austrian Penal Code of 1803 and the structure of this act in the wording of 1852. In particular, it is determined that Code in the edition of 1852 divided  the acts into three types: grave crimes, less serious crimes and offenses. In its separate norms, less serious crimes and offenses were covered by the notion of "criminal act".

The article explains that in the criminal law system of the Austrian Empire and the Austro-Hungarian Empire there were "additional criminal laws". The provisions of such "additional" laws were determined by the specific types of punitive acts envisaged in the Penal Code, and such punishable acts that were not provided for by this Code (that is, additional types of punitive acts that were not directly entrenched in the Penal Code), and imposed penalties for their commission. "Additional" criminal laws that were applied in the Ukrainian lands were considered acts of the so-called "Imperial Patents" and were issued by the Austrian emperor. Patents were not codified acts.

The article also describes the peculiarities of the criminal law systems of the Austrian Empire and the Kingdom of Hungary, as well as the content of the provisions of the legislative acts of the Austrian empire and the Kingdom of Hungary criminal law systems. The main differences between the criminal law systems of the Austrian Empire and the Kingdom of Hungary are determined. The analysis of the Criminal Code on Heavy and Lesser Crimes, adopted in 1878, and some of the Hungarian legislation adopted in the Kingdom of Hungary, which were considered "additional" criminal laws and applied to Ukrainian lands, were analyzed. Such "additional" laws have not been subject to codification.

The penal law system was marked by its partial codification and included the named Penal Act of 1803, as well as the so-called “extra” penal laws. These legislative acts were considered to be equal in legal force, and the existence along with the Penal Code of 1803, as well as the “additional” penal laws, was due solely to the traditions of Austrian law and the specifics of its legal technique. The Penal Act of 1803 was a legislative act adopted on September 3, 1803, as a result of an attempt to codify the penal law of the Austrian lands and was put into effect in 1804 in all the Austrian crown lands. This Code exists in two editions (in the wording of 1803 and in the wording of 1852). “Additional” penal laws (Nebenstrafgesetze) - Legislation, which (together with the Austrian Code of Penal Procedure, 1803) also included in the Austrian Empire Penal Legislation System. Such “additional” penal laws included legal norms, permissions and / or prohibition rules and formed the so-called “extra” penal law (Nebenstrafrecht). The interconnection (interaction) of the norms of the Penal Code of 1803 and the “additional” penal laws was marked by a bilateral character. The provisions of such “additional” laws were determined by the specific types of punitive acts envisaged in the Penal Code, and such punishable acts that were not provided for by this Code (that is, additional types of punitive acts that were not directly entrenched in the Penal Code), as well as penalties for their commission.

Key words: criminal law, punishment, Austrian empire, Kingdom of Hungary, Austro-Hungarian Empire, act, codification.