251:). Namely, during the period of the creation of Karađorđe's Code, people dissatisfied with the newly formed order turned into rebels (hajduci), and among them could often be found Karađorđe's dissidents and competitors who posed a danger to the young state. Articles prescribing sanctions for the crime of rebellion and aiding a rebels, they tell us about the surrender of a living robber to the court, where his arms and legs will be beaten, after which he will be crucified on a wheel. In Karađorđe's Code, in addition to criminal acts against the state, there are also provisions from light to serious military criminal acts. Espionage in favor of the opponent as well as escape from the fight was punishable by the death penalty by wheeling with previous bodily mutilation, beating of arms and legs, while robbery by soldiers was punished with beatings. To the criminal acts against the
144:. However, the time of creation and the author of Karađorđe's Code are not known. There are assumptions that speak about the creation of Karađorđe's Code, and it is considered that it was created after the adoption of the constitutional act from January 1811. Namely, this constitutional act crowned the struggle between the insurgent leadership and the elders' opposition. Having central power, the insurgents were only after that able to create provisions that would form the basis of the newly created legal system after this act. According to Zoran Mirković, the creator of this legal act can be the secretary, but also the later trustee of the Governing Council –
210:. Article 30 of Karađorđe's Code tells us about an illegitimate mother who has the obligation to feed a child, however, if she is ashamed, she has the opportunity to subvert the child to another, but we must not kill him – the murder of a child was punishable by death. Karađorđe's Code prescribes severe sanctions for a priest who marries a kidnapped girl but also for the kidnapper himself. The provision that gives us a closer insight into the power of the
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both constitutional acts is the central government which is in the hands of the leader. According to these decrees, the leader is independent in the exercise of power and does not receive instructions and orders from anywhere outside. In this legal system, the Soviet is only a board that executes the leaders' provisions.
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for insulting the government and the Soviet, those sanctions are equal to those given to traitors and spies. In the defense of the new order, Article 23 is also emphasized, which punishes any insult addressed to a priest, elder or merchant, with this article we see that Karađorđe's Code protected not
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The text of Karađorđe's Code contained a total of forty-one articles, of which
Articles 9, 10 and 14 to 41 have been preserved to this day. Articles 1 to 8 and 11 to 13 have not been preserved. Paying attention to the preserved articles, we can conclude that insurgent Serbia provides us with a unique
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committed by dissidents of the government, we can add the criminal acts committed within the state apparatus. When regulating the newly liberated state, Karađorđe's Code pays great attention to the subordination of the elders to the law, and we can find several articles of the mentioned code written
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Karađorđe's Code covered customary law institutions, such as collective responsibility, and introduced measures against robbers and thieves, where theft is punishable depending on the type of animals stolen, we also encounter property penalties for certain Crimes, such as manslaughter and attempted
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who studied the regulations there well. The influence of the
Austrian military frontier was in the regulations on desertion after a lost battle, on the prohibition of shooting without approval, on rebellion, on the retention of ammunition and other military equipment, on murder, on wounds and other
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suitable for the liberated state. Namely, the constitutional act of 1811. established a nationwide order in insurgent Serbia. Similar to the previous act of 1808, the constitutional act of 1811. is a certain type of contract between the supreme leader, the prince and the Soviet, the common point of
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There are no direct data in written historical sources on the application of the provisions of Karađorđe's Code, instead there are numerous examples that testify to the introduction of certain institutions prescribed by Karađorđe's Code into the insurgent system. Examples of these institutions are
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The law was first published in an article in
Serbian newspaper by Miloš Popović on July 1, 1844. It was later published under the title “Rules of War and the People” in 1852. At the beginning of the twentieth century, the Code was reprinted twice, in 1905 and 1907. It was last published by A.
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bodily injuries, on sleeping on guard, on protection of parts and the dignity of dignitaries, about espionage and betrayal, about harassing "his brother", about banning corvée or private purposes, regarding punishments for robbers and insurgents (
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and liberation from
Ottoman influence, state bodies passed numerous individual acts, but also acts of a more general type, which modern lawyers would call decrees. However, only two general acts are mentioned, which are called the
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the death penalty with cruel execution as well as corporal punishment such as whipping. However, in addition to the penalties prescribed by Karađorđe's Code, the penalties from the
Ottoman period still prevailed.
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for that purpose. For the crime of protection and bribery, but also the abuse of seniority by appropriating military confiscation, severe punishments followed to limit the arbitrariness of the elders.
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According to the analysis of Zoran
Mirković, out of thirty preserved articles of Karađorđe's Code, more than half actually originate from the regulations of the Austrian
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in 1811, Ivan Jugović was appointed guardian of education (Minister of
Education in the insurgent Serbian government) and had an insight into the legal organization of
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in the drafting of Karađorđe's Code, but also the beliefs that lived among the people, is marked with the number 31. The mentioned provision on the investigation of
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The author of Karađorđe's Code, under the influence of church legislation, also prescribes provisions of a religious character. Crimes that violate marriage and
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protected its state system and the established legal system from disputes or non-recognition of any kind, and in a certain part of Karađorđe's Code we can find
99:. The author of Karađorđe's Code had several reasons why he used the mentioned regulations as a model. The first reason was the fact that
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that has been maintained among the people, but also the influence of the church, which denies any kind of magical beliefs.
61:, there was a need to create a modern law that would regulate social relations in the liberated areas. Striving for state
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119:. The third, but no less important, reason is that the writer of Karađorđe's Code was almost certainly a Serb from the
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Solovyov in the
Archives of Legal and social sciences from December 25, 1932. according to a manuscript found in the
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itself was a certain type of military frontier, representing the scene of many years of fighting against the
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law intertwine, and we also come across provisions that the author created under the influence of the
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375:] (in Serbian) (24th ed.). Belgrade: Faculty of Law, University of Belgrade. p. 95.
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murder who were treated equally with a half-year prison sentence and compensation for damages.
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It is believed that the formal constitutional act of 1811. gave the state authorities of
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sufficient power to establish a new legal system in the following years and pass a
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only the holders of state power but also the members of the established
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438:] (in Serbian). Belgrade: Faculty of Law, University of Belgrade.
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Karađorđev's Code: Criminal, State, and Family Law of
Insurgent Serbia
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against the state, Karađorđe's code specifically approached rebels (
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or the law – the Law of
Archpriest Mateja and Karađorđe's Code.
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and the strengthening of the personality of the leaders of the
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Provisions of a religious character in Karađorđe's Code
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427:Mirković, Zoran S. (2008).
332:Mirković, Zoran S. (2019).
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334:Sprska pravna istorija
230:The new government of
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