| Titre | Justice for the troops : A comparative study of Nicholas I's Russia and France under Louis-Philippe | |
|---|---|---|
| Auteur | John Keep | |
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Revue |
Cahiers du monde russe Titre à cette date : Cahiers du monde russe et soviétique |
| Numéro | volume 28, no 1, janvier-mars 1987 | |
| Rubrique / Thématique | Articles |
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| Page | 31-54 | |
| Résumé anglais |
John Keep, Justice for the troops: a comparative study of Nicholas I's Russia and France under Louis-Philippe.
Military justice is an essential ingredient of any stale's repressive machinery. Under the absolutist rule of the militaristic tsar Nicholas I (1825-1855) the Russian system lagged behind that of France under the "bourgeois king" Louis-Philippe. There was no control by any civilian law agency and. courts martial had jurisdiction over many categories of civilian offenders and offences. In France, by contrast, the principle of civilian supremacy was recognized and widely enforced. Russian preliminary investigations and courts martial were conducted largely by officers without legal training or specified functions, whereas their French counterparts possessed a ramified administrative structure designed to easure that justice was duly rendered; a defendant could call on an advocate, which in Russia was possible only in summary trials under accelerated procedure, and defendants were at the prosecution's mercy; trials were held in secret on the basis of written documents; verdicts were often arrived at arbitrarily, for reviewers might redefine the charge and raise penalties. These were barbarous and frequently involved severe corporal punishment. The lot of Siberian exiles is compared with that of French bagnards and detainees in penal units. Deserters were treated less severely in France, partly for political reasons, and acquittal was much more likely since Frenchmen had a developed legal consciousness which Russians were only beginning to acquire. Source : Éditeur (via Persée) |
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| Article en ligne | http://www.persee.fr/web/revues/home/prescript/article/cmr_0008-0160_1987_num_28_1_2097 |
