Evolution of Evidentiary Proceedings in the Land Court Process in Poland in the 16th Century

Abstract

In the 16th century, the evidence procedure developed as a part of the land court procedure in force in Poland. Previously developed in a customary way, mainly based on the practice of courts from Małopolska, the land criminal procedure gradually developed under the influence of parliamentary constitutions. Among the extensive plans for the improvement of the law in force in Poland, the most urgent was the reform of the judicial procedure, which directly affected the functioning of the judiciary. Within the framework of this reform, it was only possible to codify the law of criminal procedure by issuing the formula processus in 1523. It was the only successful attempt to codify and unify the law in the Polish Noble Republic. As a result of the development of criminal procedure in the 16th century, there was a change in the hierarchy of evidence. Gradually, the oath of the parties lost its importance and various forms of official certificates (inspection, documents) gained in importance. At the end of this period, the institution of the scrutinium was developed. In the course of time it became one of the most important institutions for obtaining evidence within the Polish land proceedings. Some elements increased the inquisitorial character of the land court in order to ensure the efficiency of the proceedings.