The Impact of Foreign Experience Upon Codes of Military Justice in Serbia Before World War I
Authors:
Nenad Ž. Petrović
As in other fields of state organization and social life, it was in the area of military justice that the Kingdom of Serbia embraced certain models and influences from abroad. The first Code of Military Justice, dating from 1864, was almost copied from the French military justice code (Code de justice militaire); however, it included certain adjustments to Serbian circumstances. This paper shows that the local Code of Military Justice and the Courts‐ Martial Process Code of 1901 were amply founded on foreign influences, namely those from Russia, Germany, France, and other countries. The 1901 codes retained the principle of formal procedure of proving guilt notwithstanding the fact that, at that time, such a principle had already been abandoned for the most part, not only in the Western European practice, but in Russia as well. On the other hand, this concept had been preserved in the Austro‐Hungarian military justice system. The following issues drew paricular attention of experts and even gave rise to certain arguments: the composition of a judical panel (the respective proportion of legal professionals and lay judges); the right to a defense counsel (attorney); the question whether court proceedings should be open to the public; the organization of military courts; and,consequently, the question whether a special court should be formed for officers (which was accepted in the end). In legal terms, the 1901 codes constituted progress in comparison to the previous 1864 code.