ABSTRACT

Criminal justice is concerned with the infliction of punishments upon persons by the law. Criminal law defines the circumstances in which such punishments are lawful; criminal procedure provides the method by which it is certified that a person merits such punishment. Criminal law and criminal procedure therefore is very informative concerning the State's view of its relationship with regard to its subjects. One further feature of the modem criminal justice systems of civil law countries needs to be mentioned before turning to the historical development of criminal justice in those lands. The law of penal procedure in civil law countries is, in truth, still being worked out, but that working out is nevertheless according to the principles which motivated the reforms begun at the time of the French Revolution. It is a particularly fascinating development as it involves a conscious attempt to integrate not only Roman and canonical practices, but also institutions drawn from the heritage of the common law.