The beginning of the reign of Alexei Mikhailovich was marked by popular unrest caused by high taxation. Overcoming the Time of Troubles required the creation of new laws and streamlining the legal system. The drafting of a single document was entrusted to the king's close associates under the leadership of Prince Odoevsky.
Cathedral Code 1649
In compiling the new code, the members of the convened Zemsky Sobor rely on domestic and foreign experience. The Code was developed on the basis of previous Judicial Code, Stoglava 1551, Lithuanian and Byzantine laws. Additional sources were indicated books of orders (Zemsky, Local, Robbery), public posad and noble complaints.
Carefully worked out questions of all branches of law and the procedure for legal proceedings were contained in a document consisting of 967 articles, combined into 25 chapters. A significant part of the body was given to the postulates establishing the autocratic power of the king. The interpretation of a state crime was introduced for the first time.
Forms and procedure
Civil Code and Criminal Code of 1649 were not distinguished. However, the forms of conducting the proceedings: adversarial (court) and wanted (investigation) - were described in detail. In property, political and religious affairs, a preliminary investigation and a search were used. The preliminary investigation was the arrest or detention of a suspect.
Investigation of property cases, thefts and robberies began with a petition, political and religious - with the instructions of the authorities or the king.
A special procedure was established to investigate disputed property cases. The basis for the commencement of the trial was the petition (complaint). After that, the defendant was summoned to court. The representative of the court compiled a list of persons with information on ownership of the disputed plot. Relatives and servants involved in the trial were not among the witnesses. The list of the latter was subject to approval by the court.
A search (wanted list) was assigned to investigate criminal offenses. It, as in the Judicial Code of 1497, could begin with the identification of the fact of the commission of a crime, the statement of the victim or slander. The authorities conducting the investigation were given extensive powers, including the possibility of torture. For the first time, the procedure for their implementation was regulated.
Evidence system
The requirements for the evidence base have not changed. The main evidence was recognized as the results of a general and general search. Under the general search was meant a survey about the alleged crime. The general search involved a survey revealing the nature and lifestyle of the suspect. Oath, lots, written sources and testimonies were still used.
General search - what is it?
The term was understood to mean a survey of residents of the neighborhood, who are not interested in the case, about the life and identity of the suspect. Circular people were interviewed not in court, but on the spot. In the courtroom, reference to the respondents was made without indicating names.
The general search became especially important if the accused was recognized as a "dashing person", that is, constantly committing crimes. The survey results had legal implications. If most of the respondents called the suspect a "dashing" person, no other evidence was needed. The measure of punishment was life imprisonment. The death penalty was used if two-thirds of the respondents called the "dashing" accused. Recognition of the suspect as a “good man” became the basis for transferring him on bail with an obligation to continue not committing a crime.
The results of a general search could justify the use of torture. The testimony was recorded and supported by the oath. The procedure was reminiscent of the “flailing” familiar to former Judges, but required more participants. An assessment of the credibility and strength of the evidence was provided to the court.
The list of persons subject to general search included exclusively “good people”. The category consisted of the prosperous part of the posad population, landowners, black-tax peasants. The number of respondents from 5-6 (Sudebnik in 1497), later 20 (Sudebnik in 1550) increased to 100 people. The procedure was charged with the duties of the lab (district) organizations and the governor.
Code value
In the Council Code of 1649, there is an increase in the role of the search (inquisition) process. The remainder of the old society’s right to participate in court, that is, a general search, according to the Cathedral Code of 1649 turns into judicial evidence, exceeding all others by its force. The investigation of cases called “sovereign word and deed” (political crimes) was carried out most severely.
The Code determined the development of the Russian legal system for many decades and served as the main source of law until the Code of Laws of the Russian Empire was adopted in 1832.