Regulation on Deforestation and an example of its application in practice

Abstract

The author sheds light on Regulation on Deforestation, introduced in Serbia in 1839 and an example of its application in practice - trials for deforestation before the Court of Kragujevac District in 1844, the year before the Regulation was amended. A number of elements of those trials were analyzed, among which how many perpetrators were trialed, in what manner offenses were executed, what evidence the Court used in order to acquire complete knowledge on cases and what punishments were inflicted. The number of offenders was much larger in comparison with years that preceded 1844. The perpetrators never appeared as individuals; deforestation was regularly carried out by several persons at the same time. Regarding evidence, the Court leaned on confessions, statements of witnesses and documentary evidence. Interestingly, none of perpetrators denied they committed the very act of offense. Whilst some of them gave full confessions, other attempted to either find grounds which would present their act as unpunishable, or base their defense on certain mitigating circumstances. Many of perpetrators considered the fact to have cut woods on their own land as the key factor excluding punishability of their acts. Similarly, some of them hoped to soften the Court stating that they cut woods because of utterly difficult financial situation. The testimonies of witnesses in one case served to corroborate charges against defendants, as in other situations they testified on behalf of alleged offenders. Documentary evidence were, as well as testimonies of witnesses, presented only in situations when the defendants would not confess to an offence, and they appear in the form of reports sent by District Police, tasked with investigation. The Court always administered two punishments. Besides fines, appearing in all trials, it cumulatively inflicted corporal punishment, prison or deprivation of titles. Corporal punishment is meted out in convincing majority of cases.