RB 76

The earliest legislation aiming at this kind of crimes is a decree in Nuremberg in 1702 on murders motivated by weariness with life. The, from a theological perspective, toughest legislation was introduced in Prussian military law in 1765 for some murderers and later also for some other criminals. They would have no preparation, no priest visiting them or accompanying them to their execution. Much more wellknown, however, was an ordinance of 1769 that forbade all, except Catholics, sentenced to death for murder or crimes threatening public security to be accompanied by clergy although preparation was allowed. Eventually the rules became first more severe and then more lenient and finally intramural executions were introduced. Through these laws the old Prussian balance of deterrence and compassion seems to have been shifted to more deterrence and less compassion. Denmark took a slightly other path than Prussia. Already in 1738 in military legislation, responding to several murders, those committing murder or attempted murder without motive were to be first whipped once a week for nine weeks and then broken on the wheel. In civil legislation several changes were introduced from 1749 restricting ceremonies, and clothing and the actions of the priest were limited to working with the condemned, not the crowd. In 1767, however, anew punishment was introduced for murders committed by those wanting to be executed. It consisted of branding of the forehead, hard labour in chains for life, and corporal punishment every year. After death the dead body would be laid on poles. At least after some time, most of the punishment, except imprisonment was in reality abolished through mercy. In legal theory and in the courts a problem with this punishment came to be exposed. It would be reasonable for the one that wanted to be executed to construct another motive while the one having some other motive denied it. So both groups could hope to through a lie avoid something, life or death, they really did not want. An early action taken by authorities occurred in late seventeenth century when individuals in Sweden seeking to be executed were pardoned because of their longings. summary 284

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