Page:EB1911 - Volume 07.djvu/476

Rh Mulhall (Dict. of Statistics, 1903 ed., pp. 586-587) gives much greater losses to each of the four powers principally engaged. The cost of the war in money is stated by Mulhall to have been £69,000,000 to Great Britain, £93,000,000 to France, £142,000,000 to Russia.

—Of the many works on the Crimean War those of the greatest value are the following. English: the official work on the Siege of Sebastopol; A. W. Kinglake, The Invasion of the Crimea (London, 1863; “Student’s edition” by Sir G. S. Clarke); Sir E. B. Hamley, The War in the Crimea (London, 1891); (Sir) W. H. Russell, The War in the Crimea (London, 1855–1856); Sir Evelyn Wood, The Crimea in 1854 and in 1894 (London, 1895); Sir D. Lysons, The Crimean War from First to Last (London, 1895); Col. A. Lake, The Defence of Kars (London, 1857). French: Official, Guerre de ''l’Orient, Hist. de l’artillerie (Paris, 1859); (Marshal Niel), Siège de'' Sébastopol (official account of engineer operations, Paris, 1858), and Atlas historique et topographique de la guerre de Crimée (see also the map of Russia by the French staff, sheets 56 and 57); Baron C. de Bazancourt, L’Expédition de Crimée (Paris, 1856); C. Rousset, Histoire de la guerre de Crimée (Paris, 1877). Russian: the work of Todleben, Die Vertheidigung von Sevastopol (St. Petersburg, 1864); Défense de Sébastopol (St Petersburg, 1863); Anitschkoff, Feldzug in der Krim (German trans., Berlin, 1857); Bogdanovitch, Der Orientkrieg (St Petersburg, 1876); Petroff, Der Donaufeldzug Russlands gegen Türkei (German trans., Berlin, 1891). Of German works the most useful are: Kunz, Die Schlachten und Treffen des Krimkrieges (Berlin, 1889); Der Feldzug in der Krim; Sammlung der Berichte beider Parteien (Leipzig, 1855–1856).

 CRIMINAL LAW. By criminal, or penal, law is now understood the law as to the definition, trial and punishment of crimes, i.e. of acts or omissions forbidden by law which affect injuriously public rights, or constitute a breach of duties due to the whole community. The sovereign is taken to be the person injured by the crime, as he represents the whole community, and prosecutions are in his name. Criminal law includes the rules as to the prevention, the investigation, prosecution and punishment of (q.v.). It lays down what constitutes a criminal offence, what proof is necessary to establish the fact of a criminal offence and the culpability of the offender, what excuse or justification for the act or omission can be legally admitted, what procedure should be followed in a criminal court, what degrees and kinds of punishment should be imposed for the various offences which come up for trial. Finally, it regulates the constitution of the tribunals established for the trial of offences according to the gravity of the infraction of law, and deals with the organization of the police and the proper management of prisons, and the maintenance of prison discipline. (See ; ; .)

Many acts or omissions, which are technically criminal and classified as offences and punished by fine or imprisonment, cannot be said to have a strictly criminal character, since they do not fall within the popular conception of crime. To this class belong such matters as stopping up a highway under claim of right, or failing to repair it, or allowing a chimney to emit black smoke in excessive quantities, or to catch fire from being unswept, or breach of building by-laws, or driving a motor car on a highway at a speed in excess of the legal limit. Such breaches of law are under the French law described as contraventions. In England most of them are described as petty misdemeanours or offences punishable on summary conviction, or less happily as “summary offences,” and some writers speak of them as mala prohibita as distinguished from mala in se, i.e. as not involving any breach of ordinary morality other than a breach of positive regulations. Continental jurists at times speak of crimes de droit commun (i.e. offences common to all systems of law as distinguished from offences which are crimes only by a particular municipal law). To this class of crimes de droit commun belong most of the offences included in extradition treaties.

Criminal and civil law overlap, and many acts or omissions are not only “wrongs” for which the person injured is entitled to recover compensation for his own personal injury or damage, but also “offences” for which the offender may be prosecuted and punished in the interest of the state. In non-English European systems care is taken to prevent civil remedies from being extinguished by punishment: it is quite usual for the civil and criminal remedies to be pursued concurrently, the individual appearing as partie civile and receiving an award of compensation by the judgment which determines the punishment to be inflicted for the offence against the state. Under English law it is now exceptional to allow civil and criminal remedies to be pursued concurrently or in the same proceeding, or to award compensation to the injured party in criminal proceedings, and he is usually left to seek his remedy by action. Among the exceptions are the restitution of stolen goods on conviction of the thief if the prosecution has been at the instance or with the aid of the owner of the goods (Larceny Act 1861, § 100), and the award of compensation to persons who have suffered injury to property by felony (Forfeiture Act 1870).

As Sir Henry Maine says (Ancient Law, ed. 1906, p. 381), “All civilized systems of law agree in drawing a distinction between offences against the state or community (crimes or crimina) and offences against the individual (wrongs,

torts or delicta).” But the process of historical development by which this distinction has been ultimately established has given great occasion for study of early laws and institutions by eminent men, whose researches have disclosed the extremely gradual evolution of the modern notion of criminal law enforced by the state from the primitive conceptions and customs of barbarous or semi-civilized communities. Of the oldest codes or digests of customs which are available to the student it has been said the more archaic a code the fuller and minuter is its penal legislation: but this penal legislation is not true criminal law; it is the law, not of crimes, but of wrongs. The intervention of the community or tribe is in the first instance to persuade or compel the wronged person or his family or tribe to abandon private vengeance or a blood feud and to accept compensation for the wrong collectively or individually sustained; and in the tariffs of compensation preserved in early laws the importance of the injured person was the measure of the compensation or vengeance which he was recognized to be entitled to exact, and the scales of punishment or compensation are fixed from this point of view.

The laws of Khammurabi (2285–2242), the oldest extant code, contain definite schemes and scales of offences and punishments, and indicate the existence of tribunals to try the offences and to award the appropriate remedy. The

punishments are very severe. It is not distinctly indicated whether the proceedings were at the instance of the state or the person wronged, but compensation and penalty could be awarded in the same proceeding, and the provisions as to the lex talionis and scale of compensation for injuries tend to show that the procedure was on private complaint and not on behalf of the state (see further ).

Of the early criminal laws of Greece only fragments survive, e.g. those of Solon and Draco. In Athens in early times crime was dealt with in the Areopagus from the point of view of religion and by the archons from the point of view of compensation: and it was only when the state interests were directly affected that proceedings by way of  or impeachment were taken. In classical times crimes fell to be tried by panels of jurors or judges drawn from the assembly and described as .

The earliest materials for ascertaining the criminal law of Rome are to be found in the Twelve Tables, Table VIII. The criminal law of imperial Rome is collected in books 47 and 48 of the Digest. The classification of crimes

therein is capricious and anomalous. “In the early Roman law the idea of legislative power was so fully grasped and that of judicial power so little understood that the criminal jurisdiction arose in the form of a legislative enactment applicable to particular cases.” Crimes were classified according to the mode of prosecution into:

1. Publica judicia, dealing with crimes specifically forbidden by definite laws, which took the place of the standing commissions (quaestiones perpetuae) of the time of the republic. In the earlier stages of Roman law the state only interfered to punish offences which gravely affected it, and did so by privilegia, which correspond to impeachment or Bill of Pains and Penalties. 