The Myth of French Influence Over Spanish Codification: The General Part of the Criminal Codes of 1822 and 1848

Abstract

The chapter aims to explore the scope of the foreign influences, that of the French in particular, in the criminal codes of 1822 and 1848/50. In doing so, the author departs from the views of some 19th century criminal lawyers who, like J. F. Pacheco, stated that in the old criminal laws “nothing was worthy of respect, or conservation” and “there was only one legitimate and viable system, the system of codification, the system of absolute change,” and recognizing that drafters were fully acquainted with the case of France, a jurisdiction that managed to turn its old laws—including the criminal ones—into modern codes (1804–1811). The author briefly presents the status quaestionis of the dichotomy between tradition and foreign influences in the 19th century codification of criminal law, then focuses on the scope of French influence in the criminal codes of 1822 and 1848/50, and concludes with some final considerations.