La giustizia criminale estense alla metà del Settecento

The essay follows the attempts to reform criminal procedure and the administration of justice in the Duchy of Modena during the reign of Francis III d’Este, with particular regard to the mid-eighteenth century. The Duke of Modena and Reggio tries to establish a swift, efficient and relentless system of justice through institutional changes (e.g. the new “Congregazione criminale”), interventions on practice (aiming at the centralization) and new laws. The latter were primarily focused on tightening sanctions and on simplifying the evidence. A specific law, similar to others issued in different states of the Italian peninsula, allowed the judges to sentence an ordinary penalty towards those guilty “convicti” without any confession. Without changing the legal evidence system, this step fostered a greater appreciation of the circumstantial evidence. In conclusion, we propose some reflections on a new model of inquisitorial procedure that emerged in the late 18th century.