History of torture as a means of criminal procedure in the western legal tradition
Автор: Bardeev Konstantin A.
Журнал: Теория и практика общественного развития @teoria-practica
Рубрика: Право
Статья в выпуске: 3, 2023 года.
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The article examines torture practice in a retrospective aspect in world history. A brief overview of the main historical sources regulating the procedure for torture and its prohibition from the time of Antiquity to the present day is given. The concept of torture is formulated and its varieties and distinctive features are outlined. Numerous scientific sources are analyzed. The author concludes that torture practice (official or unofficial) has accompanied the entire history of human civilization. Up to a certain point, the use of torture was a legal means of criminal procedure. Torture could also be used in certain cases in civil proceedings. Currently, torture is prohibited both at the international and national legal levels. Attempts to abolish torture by law have been made since the 13th century. Prominent thinkers (T. More, C. Beccaria and many others) called for the prohibition of torture practice. Torture was first completely abolished in Sweden (1734). Nevertheless, the facts show that torture is still used both in the activities of law enforcement and other state bodies, and by individuals. Therefore, the systematic study of this phenomenon should be continued by scholars and practitioners.
Torture, types of torture, history of the development of torture, prohibition of torture
Короткий адрес: https://sciup.org/149142413
IDR: 149142413 | DOI: 10.24158/tipor.2023.3.22