Summary

Accused of domestic violence before the Assize Court of the Scheldt Department / Province of East Flanders, 1811-1867. – Studying the criminal prosecution of intrafamily violence in the Scheldt department / province of East Flanders between 1811 and 1867 is only possible by consulting the archives of the Assize Court of that region. Because this Assize Court only dealt with the most serious criminal cases, one can only study the tip of the iceberg.

Between 1811 and 1867, the Assize Court of the Scheldt Department / Province of East Flanders in Belgium treated 203 criminal cases involving interfamily violence. 107 (53%) of these cases involved violence against a child and in 94 of those 107 cases (88%) an infanticide. In total 103 people were charged with an infanticide, but in the end only 38 were punished with death, being the then legal punishment for this crime. All other accused were acquitted or, after a reclassification of the facts listed in the indictment, sentenced for another crime such as an involuntary manslaughter of a child or concealing a child. The main reason for this was the fact that an infanticide, which was usually committed without witnesses, was very difficult to prove. Thirteen other criminal cases for violence against a child dealt with violence against a no longer new-born child. The Court of Assizes applied the normal penalties in these criminal cases. This usually involved mostly intentional manslaughter, murder or attempted murder of such a child.

In the period 1811–1867, the Court of Assize also tried 73 people for violence against a parent or grandparent. Of those 73 persons, 15 were acquitted and 58 (7 women and 51 men) punished. Three persons accused of elder murder were punished: one for intentionally beating his father, one for murdering his father and one for murdering his mother. The 55 other accused were punished for intentional hits on an ascendant.

Partner violence was the category of interfamily violence that was least dealt with by the Assize Court. In total, the Assize Court handled only 25 criminal cases for marriage partner violence, involving 27 people as perpetrators or accomplices. Six of those 25 criminal cases dealt with poisoning of the partner and 12 criminal cases with murder or attempted murder of the partner. In only five of the last 12 criminal cases, the accused was sentenced to death, but in the end only one of them was guillotined. The four other death row inmates were given a kingly grace who commuted their death sentences to a hard labour. In the other seven of those 12 criminal cases, the case was reclassified to intentional manslaughter or intentional hits and wounds and punished as such.

The Assize Court also treated five criminal trials in which a person was charged from the outset with intentional manslaughter of the marriage partner. In three of those five criminal cases, the accused was also punished for such intentional manslaughter, in one of those five criminal cases, the offences were reclassified to intentional hits and wounds causing illness or disability of more than twenty days, and in one of those five criminal cases, the accused was acquitted. Finally, the Assize Court also treated two criminal cases in which a person was charged from the outset with intentional hits and wounds against his marriage partner. In one of those two criminal cases, after a reclassification of the facts, the Court sentenced the accused to two years’ imprisonment and a fine of 200 francs. In the second criminal case the accused was acquitted.

中文翻译：

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谢尔德部门 / 东弗拉德伦省的家庭内部 geweld voor het Hof van Assisen，1811–1867

概括

1811-1867 年，在东佛兰德斯省斯海尔德省巡回法院被控家庭暴力。– 要研究 1811 年至 1867 年间东佛兰德斯海尔德省/省对家庭内暴力的刑事起诉，只能通过查阅该地区巡回法院的档案。由于这个巡回法庭只审理最严重的刑事案件，所以我们只能研究冰山一角。

1811年至1867年间，比利时东佛兰德省斯海尔德省巡回法院审理了203起涉及家庭暴力的刑事案件。其中 107 起 (53%) 案件涉及针对儿童的暴力行为，其中 107 起案件中有 94 起 (88%) 涉及杀婴。总共有 103 人被指控犯有杀婴罪，但最终只有 38 人被判处死刑，这是当时对该罪行的法定惩罚。所有其他被告都被无罪释放，或者在对起诉书所列事实进行重新分类后，因其他罪行（例如非自愿过失杀人或隐藏儿童）被判刑。造成这种情况的主要原因是杀婴行为通常是在没有目击者的情况下实施的，因此很难证明。另外十三起针对儿童的暴力刑事案件涉及针对不再新生儿的暴力。巡回法院对这些刑事案件适用正常处罚。这通常涉及对此类儿童的故意杀人、谋杀或谋杀未遂。

1811 年至 1867 年间，巡回法院还审判了 73 名针对父母或祖父母的暴力行为的人。在这 73 人中，15 人被无罪释放，58 人（7 名女性和 51 名男性）受到惩罚。三名被指控谋杀老人的人受到惩罚：一名因故意殴打父亲，一名因谋杀父亲，一名因谋杀母亲。其他 55 名被告因故意撞击上升物而受到处罚。

伴侣暴力是巡回法院最少处理的家庭间暴力类别。巡回法院总共只处理了 25 起婚姻伴侣暴力刑事案件，涉及 27 人作为施暴者或同谋。这 25 起刑事案件中，有 6 起涉及对伴侣投毒，12 起涉及谋杀或谋杀未遂案件。过去12起刑事案件中，只有5起被告人被判处死刑，但最终只有1人被送上了断头台。另外四名死囚获得了国王的恩典，将死刑减为苦役。在这12起刑事案件中，另外7起案件被重新定性为故意杀人罪或故意击伤罪并按故意杀人罪处罚。

巡回法庭还审理了五起刑事案件，其中一人从一开始就被指控故意杀害婚姻伴侣。在这五起刑事案件中，有三起被告还因故意杀人罪受到处罚，在这五起刑事案件中，其中一起的罪行被重新定性为故意殴打和致人受伤二十天以上，并且在其中一起案件中5起刑事案件中，被告人均被无罪释放。最后，巡回法院还审理了两起刑事案件，其中一个人从一开始就被指控故意殴打和伤害其婚姻伴侣。在这两起刑事案件中，法院对事实进行重新定性后，判处被告两年监禁和 200 法郎罚款。在第二起刑事案件中，被告被无罪释放。