338 sible that Crompein, in composing the draft mentioned by Bobrovskii, made extensive use of Swedish military legal procedure as a model. It is not possible, within the context of this study, to determine which sources were used in drafting the Kratkoe izobrazhenie protsessov or how those sources were utilized. Nor, therefore, is it possible to discuss in any detail the political and legal motives which guided the efforts of the author of this legislation. The inquisitorial procedure introduced into the military code was, considered as a whole, designed to tighten up and maintain strict discipline in the army. Just why this or that source was used when it came to individual sections of the code is a question which must be left unanswered here. Nonetheless, it must be pointed out that a summary comparison of the Swedish legislation on military legal procedure of 1683 and the Kratkoe izobrazhenie protsessov reveals close agreement on several points, as the following examples amply demonstrate: Russian text The procedure (and especially in rozysk cases, which to the greater extent occur in martial law) is a double one: 1. when a plaintiff, who because of a committed crime brings a plaint before a court against a defendent, and only has a case against him; 2. when the judge, because of his rank {chin) and in accordance with his judgeship, institutes the question {vopros) and investigation {rozysk) as to where, how, and by whom such a crime has been committed. However, the order is the same in both trials when it comes to the suit, the answer, and the evidence, as well as otherwise; but in the military courts they look more to the case itself than to the eloquence and beauty {lepota) in the trials. The summons, which is made by the judge upon someone else’s complaint, is either written or verbal; and whichever it is, the defendent is to be informed thereof: and (1) who the plaintiff is, (2) in which matter and on the basis of what reasons it is demanded. Swedish text As in criminal cases which in the military mostly seem to be dealt with and tried in two ways, either through 1. the accusation by a certain plaintiff or the person the case concerns, or through 2. legal inquiry and investigation by those who have the judgement in their hands and whomit becomes, ex officio, to try and judge according to the law and legal statutes concerning misdeeds, and thereafter let punish. Thus, it is to be known that, in the first case, when there is a certain plaintiff who in some matters asks for the judge’s assistance to the law and his right, that the judge should then (summon) the defendent to a certain and appointed time of trial, either orally Geschichte des XVIII. Jahrhunderts (Dorpat/Tartu, 1930), Beilage 4, p. 98: “Der bekandte Ober-Auditeur Krompein, welcher die Russischen Kriegs-Articuln mit im Stande geholffen.” SCHMEDEMAN, 833. PRP, VIII, 583—584.
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