Balogh Zoltán (szerk.): Neograd 2017. Tanulmányok a 70 éves Praznovszky Mihály tiszteletére - A Dornyay Béla Múzeum Évkönyve 40. (Salgótarján, 2017)

Történelem - Cs. Sebestyén Kálmán: Gerillák, dézsmatagadók és egyéb bűnösök (A megye fenyítő törvényszék működése 1848/49-ben)

KÁLMÁN CS. SEBESTYÉN

GUERILLAS, TITHING REFUSAL AND OTHER CRIMES

(Operation of the county criminal court in 1848/49)

The administrative and jurisdictional functions of the noble county had been separated at the end of the 18th century. The judiciary was still based on the county officials and that situation did not change in 1848 either. Criminal cases still fell within the jurisdiction cognizance of the criminal court head ed by the county deputy-lieutenant. There are no complete documents on the operation of the noble county criminal court during the war of independence and ware organised again in October 1849. Its members were only those noble county officials who had been working in the administration between January and March 1849 (during the Austrian military presence). Although the members of the criminal court had changed, the rules of its operation had not. On the other hand a part of the cases tried by the court changed, compared to the previous period. Minor cases of theft and fights of everyday life were still present but animal theft and mutiny ceased. Intstead of them, breaking in cellars and stealing wine became typical. Drunkenness caused fights in most cases. There were some new cases though: refusal compliance with wine tithing in the vintage season or negligence to deliver weapons and armaments. Invalidation of the so-called „Kossuth notes” (the currency used during the war of independence) also caused problems in some cases.

Besides this, the court tried three major cases between October and December 1849. A high treason case was handed over the court-martial after the interrogation of witnesses. In the case of guerillas, legal crimes were separated from concealing of firearms and an outrage against a Russian military officer. In that last case the authority of the court-martial was considered. The court-martial, on the other hand, handed over the investigation of the robbery of lost Russian camp followers to the county criminal court. In that case the criminals were sentenced to gaol.

The personal constitution and administrative functions of the judicial organization changed at the beginning of 1850s. District courts were established to try minor cases and serious legal crimes were handed over to a special district court per county. The jurisdiction of the noble county criminal courts was soon taken over by state courts.

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