Інквізиційне розслідування в середньовічній судовій процедурі

The article is devoted to the study of the introduction of inquisitorial investigation into the civil and criminal procedures of church and secularjustice in Western Europe in the Middle Ages. The evolution of the content, features and application of the inquisitorial procedure from the time of the Roman Empire to its consolidation in procedural law in the Middle Ages is analyzed. It turns out that the procedure of ‘inquisition’ (gathering evidence for a lawsuit) originates from Roman law, it was one of the many ‘ex officio’ measures used by public officials. It has been established that Roman law provided for detailed terms and concepts for the evaluation of offenses, as well as the corresponding procedure for the consideration of cases. It was noted that the entire course of the proceedings ‘per inquisitionem’ – determining when to start the procedure, deciding which accusations to prefer and against whom, presenting witnesses, receiving their statements, responding to the defendant's claims and arguments, making a decision and pronouncing the sentence – was in in the hands of a judge who thus combined the functions of an investigator and a prosecutor with his role as a judge. The development of the medieval inquisition procedure was based on the Roman concept of the crime of ‘insulting majesty’. The authors believe that the development of the inquisitorial procedure reflected fundamental changes in European legal culture during the 12th century. It was noted that the principles of ‘officium inquisitionis’ were collected and systematized in three medieval collections of canon law: the “Decretales” of Pope Gregory IX (1227–1241), the “Liber Sextus” of Pope Boniface VIII (1294–1303), and the “Clementinae” of Pope Clement V (1305–1314). It is concluded that the inquisitorial procedure introduced by Pope Innocent III (1198–1216) became the most common form of criminal process both in lower and higher instances of ecclesiastical and secular jurisdiction.