Encyclopaedia Britannica, 11th Edition, "France" to "Francis Joseph I.": Volume 10, Slice 8Various
History
Encyclopaedia Britannica, 11th Edition, "France" to "Francis Joseph I.": Volume 10, Slice 8
Various
Encyclopedias and dictionaries
Criminal law was the subject of important legislation. Two codes were
promulgated on special points, the codes of military justice for the
land forces (1857) and for the naval forces (1858). But the common law
was also largely remodelled. A law of the 10th of June 1858, it is true,
created certain new crimes, with a view to protecting the members of the
imperial family, and that of the 17th of July 1856 increased the powers
and independence of the _juges d'instruction_; but, on the other hand,
useful improvements were introduced by laws of 1856 and 1865, and
notably with regard to precautionary detention and provisional release
with or without bail. A law of the 20th of May 1863 organized a simple
and rapid procedure, copied from that followed in England before the
police courts, for summary jurisdiction. A law of 1868 permitted the
revision of criminal trials after the death of the condemned person. But
the most far-reaching reforms took place in 1854, namely, the abolition
of the total loss of civil rights which formerly accompanied
condemnation to imprisonment for life, and the law of the 30th of May on
penal servitude (_travaux forces_) which substituted transportation to
the colonies for the system of continental convict prisons. Finally, in
1863, there was a revision of the _Code Penal_, which, in the process of
lightening penalties, made a certain number of crimes into
misdemeanours, and in consequence transferred the judgment of them from
the assize courts to the correctional tribunals. In civil legislation
may be noted the law of the 23rd of March 1855 on hypothecs (see CODE
NAPOLEON); that of the 22nd of July 1857, which abolished seizure of the
person (_contrainte par corps_) for civil and commercial debts; and
finally, the law of the 14th of July 1866, on literary copyright. The
system of taxation was hardly modified at all, except for the
establishment of a tax on the income arising from investments (shares
and bonds of companies) in 1857, and the tax on carriages (1862). On the
1st of February 1868 was promulgated an important military law, which,
however, passed the Corps Legislatif with some difficulty. It asserted
the principle of universal compulsory military service, at least, in
time of war. It preserved, however, the system of drawing lots to
determine the annual contingent to be incorporated into the standing
army; the term of service was fixed at five years, and it was still
permissible to send a substitute. But able-bodied men who were not
included in the annual contingent formed a reserve force called the
_garde nationale mobile_, each department organizing its own section.
These _gardes mobiles_, though they were not effectively organized or
exercised under the Empire, took part in the war of 1870-71.
Definitive establishment of the Republic.
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