RB 76

thecrimes Some early known cases consisted of other crimes than murder. From Italy in the late sixteenth century, there were accounts of some individuals, among them at least two Englishmen, who specifically came to Rome to commit sacrilege in order to be executed.64 Sacrilege and executions eventually came to occur in Austria – or rather the Archduchy of Austria below the Enns. Even though such crimes and executions for them had occurred before in Vienna a clear increase came to happen when there were three cases and one execution in 1710, seven executions in 1712, four executions in 1713, three in 1714, and three in 1715.66 Therefore the only explicit legislations for other crimes than murder introduced later than the Roman cases came as reactions to these crimes. The first legislation was a resolution dated July 28th 1713 that for sacrilege added three bouts of public corporal punishment before the execution during which hand and head were severed for those that had sought to be executed. On August 30th 1715 a new resolution was introduced aimed instead not to execute those with such a motive and not wanting to direct their actions at God. Execution was replaced. Those under the age of sixteen were to be punished with public whippings until they were improved, presumably so that they would not repeat their crime. Those over sixteen instead were to be punished with incarceration for three to five years, repeatedly receiving public whippings. After release, they would be banished from the territories ruled by the Habsburgs. Recidivists, however, were to be incarcerated for the rest of their lives, repeatedly receiving public whippings.67 In the resolution, young 64 Puppi 1991 p 55. 65 Today almost all of its area forms the Bundesländer Niederösterreich and Wien. 66 Stuart 2023 p 282 sqq. 67 Hehenberger 2008 p 192 sqq, Sammlung 1748 p 714 sq, 801 sq, Stuart 2023 p 287 sq, 291 sqq. Weber 1937 p 168, 172 describes a secret rule from the late eighteenth century concerning cases where sacrilege was committed in order to be executed because of sorrow over a sinful life. These criminals were instead to be sentenced to imprisonment for 3-5 years or, in cases of recidivism, for life. Due to the similarity, it seems probable that Weber refers to the resolution from 1715. 43 Other crimes than murder

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