The Investigation Process in Russia in the 1760-s (On the Materials of Moscow Investigation Expedition)

The present research is devoted to the analysis of the implementation of Catherine the Great’s legislative endeavors and how successful they were used in the courts. Reforming the criminal procedure system as a whole and an investigation process as a part of it was one of the priorities of domestic policy during Catherin’s reign. The Empress was convinced that “mercy” but not “austerity” should have been the main principle of criminal procedure system and its institutions involved in the investigation of criminal cases. The nominal decree of February 10, 1763, named “About the criminal law procedure regarding law offence such as thievery, robbery and brothel organization” was particularly crucial in given context. It compiled and summarized the main points of the Catherine’s earlier decrees on the organization of the process and regulated the following aspects: the time frame in which the investigation process must have been completed (all investigation had to be conducted within 1 month), the use of physical methods of influence on the suspect (torture with a whip was declared inacceptable, the whole amount of torture was reduced). The exhortation by a priest, confrontations and a general search with a warrant were defined as the basic investigative techniques. The distribution of authority between judicial and investigative departments was created and validated. The conducted analysis of judicial cases of property crimes committed in 1764 and 1768 presented in the Moscow Fund of ancient documents reveals the success of Catherine’s initiatives in criminal proceedings. It also suggests the direct link between the declared principles of her domestic policy, legislative initiatives and actual judicial cases.