Identificador: TDX:545
Autores: Estaran Peix, Juan Marcos
Resumen:
OF THE THESIS :JUSTICE AT THE END OF THE XIX CENTURY. A SPECIFIC CASE :THE MANRESA CRIMINAL HEARING (1882 - 1892)AUTHOR OF THE THESIS : JOAN MARC ESTARAN PEIXTHESIS DIRECTOR : PROFESSOR DR. MR. ANTONI M.JORDÀFERNANDEZThe thesis herein presented is structured, firstly, by an introduction of themain aims of the job, followed by a first part where the state of the JusticeAdministration at the end of the XIX century is analysed, considering theconstitutional historical frame; a second part aimed to the study andanalysis of Criminal Hearings, as new organs, and in charge of theapplication of the new Rule of Criminal Procedure of 1882 (from now onLECR, Spanish acronym); and a third part dedicated exclusively to thestudy of the Criminal Hearing of Manresa. In the final part we would findthe conclusions, sources and bibliography. The main sources ofinvestigation of the thesis have been mainly the Records of the Crown ofAragon, the National Historical Records, as well as the historicallegislation of that period.When the LECR of 1882 came into force a very important change in theway of judging Criminal Cases took place. The history of this change -which has not yet been studied - in the Criminal Proceedings and CriminalJustice, and the historical circumstances in which it was produced, of thepeople and institutions which for one reason or another influenced thishistorical and legal process, constitute the main points of this work, and themain aims could be summed up in the following points : 1) Theconstitutional situation of Justice en the XIX century considered more as anadministration than a power. 2) The enforcement and development of theLPOPJ of 1870, and of the 1882 Additional Law as an example of whatjustice like during the XIX century. 3) The enforcement of a newcriminal process, with the 1882 LECR coming into force. 4) The politicalinterest for the reform and the official follow-up of the effects of theapplication of such new law : judicial statistics, representing the study often years of activity of the Criminal Hearings, one of the new contributionsoffered in this job. 5) The study and investigation of the particular case ofthe Audience of Manresa, as an example of what a Court was like duringthe Restoration, which was possible since it survived by pure chance in theterritorial field of the extinct Territorial Audience of Barcelona, almost allits documentation. To have this type or nineteenth-century background isnot very common, since the destruction of legal files has been the generalrule until a short time ago. The field study that was carried out on thedocumentation of the Court from its constitution to its dissolution, using forthat the preserved documentary sources, constitutes a key novelty whichconsists on the contribution in the study of the XIX century JusticeAdministration. From that perspective, we can observe, document andoffer the readers a wider vision of the problems that were raised back thenwith regard to the resources as well as the team of judge magistrates,secretaries, judges and other judicial staff, to the connections of justice withthe local power, especially with the Town Hall and the Bar Association, tothe situation of the local prison, true reflex of a situation of abandonment ofthe institutions, but the study of the judicial activity of the Court isespecially important, through the study of its activity analyzing statistics aswell as the preserved documentation and more specifically its sentences,which are a true reflex of the criminal and procedural code of the time. Allthis with a background as beautiful as the city of Manresa, situated en theindustrial heart of Catalonia during the industrialization, with its social andpolitical problems, and which have made the study of this Court a specialsituation within justice by the end of the XIX century.Barcelona, December 2007
Repositori URV