Isabella Carter
The French Constitution of 1791 was the first written constitution in France, created after the collapse of the absolute monarchy of the Ancien Régime. The French Penal Code of 1791 was a separate code of law that replaced the Ancien Régime. This code was replaced by the Napoleonic Penal Code of 1810. This paragraph introduces the topic by providing a brief overview of the French Constitution of 1791 and the French Penal Code of 1791, including their creation and subsequent replacement.
Explore related products
What You'll Learn
The French Constitution of 1791
One of the main controversies during the drafting process was the level of power to be granted to the king. The Constitutional Committee proposed a bicameral legislature with the king having suspensive veto power, modelled on the authority of the President of the United States at the time. However, this motion was defeated in favour of a unicameral legislature and a more limited suspensive veto for the king, which could be overridden by three consecutive legislatures.
Another key issue was the question of citizenship. The Declaration of Rights of Man and Citizen promised equal rights for all subjects of the French Crown. However, the final constitution made a distinction between active citizens (over 25 years old and paying direct taxes) who had political rights, and passive citizens with only civil rights. This compromise was intolerable to radical deputies such as Maximilien Robespierre, who never reconciled themselves to the Constitution of 1791.
The French Penal Code of 1791, which was part of the broader reforms following the French Revolution, was a separate legal code that replaced the laws of the Ancien Régime. It is known for its clear definitions and lack of room for interpretation by judges. Notably, it did not enforce Catholic morality and decriminalised sodomy, making it the first Western legal code to do so since Classical Antiquity.
The Constitution: Power to the People
You may want to see also
The French Penal Code of 1791
The Penal Code of 1791 was replaced by the Napoleonic Penal Code of 1810, which retained the principle of clear definitions but introduced a set range of sentences, allowing judges more freedom in deciding the severity of punishment. The 1810 Code was structured into four books, with the third book divided into two parts: "Police contraventions" and "penalties". This Code grouped all crimes together, unlike the 1791 Code, which only addressed the most serious crimes, leaving lesser crimes to be covered by the Code of Offences and Penalties.
The French Penal Code, as amended in 1959, is currently divided into "books" that cover punishments for felonies and misdemeanors, as well as their effects and the persons liable for them. Book III, the "Special Part," defines various crimes and their corresponding punishments. It includes two sections: Title I, addressing crimes against the state, and Title II, concerning crimes against individuals. Book IV covers violations, their characteristics, and particular elements.
The 1810 Penal Code was revised twice: significantly in 1832 and more limitedly in 1863. In 1974, work began on a new penal code, which was completed in 1994. The 1810 Code is based on the concept of mens rea, excluding criminal responsibility for the mentally ill. It treats attempts and accessoryship according to utilitarian principles, punishing them equally with the completed crime and the principal perpetrator, respectively.
The Constitution: Guarding Tyranny with Separation of Powers
You may want to see also
The Polish-Lithuanian Commonwealth
On 3 May 1791, the Polish-Lithuanian Commonwealth, a dual monarchy comprising the Crown of the Kingdom of Poland and the Grand Duchy of Lithuania, adopted a written constitution. It was the second such constitution in the world, after that of the United States, and the first in Europe.
The Constitution of 3 May 1791, also known as the Government Act or Governance Act, was the culmination of nearly half a century of attempts to reform the country. It was shaped by Enlightenment thought and local political experience. The Polish-Lithuanian Commonwealth was one of Europe's largest countries and was inhabited by many nationalities, including Poles, Lithuanians, Ruthenians, Jews, Germans, and Tatars. The Commonwealth distinguished itself from other countries through its religious tolerance and unique law, which gave a dominant role to parliament (sejm) and limited the power of the elected king.
The Constitution sought to implement a more effective constitutional monarchy, introduced political equality between townspeople and nobility, and placed peasants under the government's protection, mitigating the worst abuses of serfdom. It abolished the erstwhile union of Poland and Lithuania in favour of a unitary state, with the Grand Duchy of Lithuania receiving numerous privileges guaranteeing its continued existence. The Constitution also banned pernicious parliamentary institutions such as the liberum veto, which had put the Sejm at the mercy of any single deputy who could veto and thus undo all the legislation adopted by that Sejm.
The new constitution was met with greater support in the Grand Duchy of Lithuania than in the Polish Crown. Shortly after its publication, the document was translated into Lithuanian, making it the first such high-ranking text that has survived to the present day as a monument to the Lithuanian language. The adoption of the Constitution was also widely echoed in Europe, with the foreign press appreciating the advantages of the new regime and the peaceful way in which it was introduced. However, the Commonwealth's neighbours, including King Frederick William II of Prussia, reacted with hostility. They joined forces with Imperial Russia under Catherine the Great and the anti-reform Targowica Confederation of Polish-Lithuanian magnates to defeat the Commonwealth in the Polish-Russian War of 1792. The Constitution of 1791 was in force for less than 19 months and was ultimately nullified by the Grodno Sejm that met in 1793.
How Much is Enough for a Family of Four?
You may want to see also
Explore related products
![California Penal Code Part I [2025 Edition]](https://m.media-amazon.com/images/I/51oO-1++VDL._AC_UY218_.jpg)
![California Penal Code Part II - [2025 Edition]](https://m.media-amazon.com/images/I/51qDQB-zjPL._AC_UY218_.jpg)
The Napoleonic Penal Code
The French Penal Code of 1791, also known as the Code of 1791, was a penal code enacted in France during the French Revolution. This code replaced various laws adopted during the first decade of the Revolution, including the Code of Offences and Penalties of 1795. The Code of 1791 established clear definitions and fixed penalties, limiting the role of judges to strict interpretation and distribution of sentences to prevent arbitrary sentencing. It did not enforce Catholic morality and notably decriminalised sodomy, making it the first Western legal code to do so since Classical Antiquity.
The French Penal Code of 1810, also referred to as the Napoleonic Penal Code, was a revision of the 1791 Code. This new code introduced by Napoleon Bonaparte replaced the earlier code and addressed some of its shortcomings. While the 1791 Code only addressed the most serious crimes, the Napoleonic Code grouped together all crimes, providing a more comprehensive legal framework. The Napoleonic Code maintained the principle of clear definitions, as seen in the earlier code, but introduced a set range of sentences, allowing judges more flexibility in deciding the severity of punishment.
An important distinction between the 1791 Code and the Napoleonic Code was their approach to religious crimes. Both codes notably omitted the inclusion of religious crimes such as heresy, sodomy, and blasphemy, effectively legalising these acts through omission. However, the Napoleonic Code took a more conservative turn in other aspects, such as making abortion illegal and creating a more challenging process for wives seeking divorce compared to their male counterparts.
In summary, the Napoleonic Penal Code built upon the foundations laid by the French Penal Code of 1791. It streamlined the legal system by consolidating all crimes into a single code, providing clearer guidelines for judges, and addressing gaps or inconsistencies in the previous code. While the Napoleonic Code maintained the secular nature of its predecessor, it also reflected the social and political values of the Napoleonic era, which influenced its approach to crimes and penalties.
Military Oath: Defending the Constitution, a Sacred Duty
You may want to see also
The Rights of Man and Citizen
The Declaration of the Rights of Man and of the Citizen, inspired by the American Declaration of Independence and the Enlightenment, was a core statement of the values of the French Revolution. Drafted in 1789, it was a human and civil rights document that recognised and proclaimed the following rights:
- Men are born free and equal in rights. Social distinctions may be based only on considerations of the common good.
- The aim of every political association is the preservation of the natural and imprescriptible rights of Man. These rights are liberty, property, safety and resistance to oppression.
- The principle of any sovereignty lies primarily in the nation. No corporate body or individual may exercise any authority that does not expressly emanate from it.
- Liberty means being able to do anything that does not harm others; the exercise of natural rights has no bounds other than ensuring other members of society can also enjoy these rights.
- The free communication of ideas and opinions is a fundamental right. Every citizen may speak, write and print with freedom but is responsible for any abuse of this freedom as defined by law.
- The security of the rights of man and citizen requires public military forces, which are to be established for the good of all, not for personal advantage.
- A common contribution is essential for the maintenance of public forces and administration costs, distributed equitably among citizens in proportion to their means. All citizens have the right to decide on the necessity of public contribution and to grant this freely.
- Law is the expression of the general will. Every citizen, being equal in the eyes of the law, has the right to participate in its foundation personally or through their representative.
- No person shall be accused, arrested or imprisoned except in the cases and according to the forms prescribed by law. Any arbitrary order shall be punished, and any citizen summoned or arrested by virtue of the law shall submit without delay.
The Declaration of the Rights of Man and of the Citizen was attached as a preamble to the French Constitution of 1791 and inspired similar texts in several European and Latin American countries throughout the 19th century. It is important to note that the Declaration only recognised the rights of male citizens, despite women's significant contributions to the French Revolution and their calls for equal rights. The French Penal Code of 1791, which was part of the Code of Municipal Police, did not enforce Catholic morality and decriminalised homosexuality by omission, as it did not mention sodomy as a crime.
Understanding ErbB Signaling: Constitutive vs Transient Dynamics
You may want to see also
Frequently asked questions
The French Constitution of 1791 was the first written constitution in France, created after the collapse of the absolute monarchy of the Ancien Régime. It redefined the organisation of the French government, citizenship and the limits to the powers of the government.
The Penal Code of 1791 was the French penal code that replaced the Ancien Régime. It was straightforward, with clear definitions and little room for interpretation by the judge. It did not enforce Catholic morality and decriminalised sodomy.
No, they are not the same. The Constitution of 1791 was created by the National Assembly during the French Revolution and focused on the government and its powers. The Penal Code of 1791, on the other hand, was a set of laws that dealt with criminal offences and their punishments.
