The position of Cesare Beccaria 's thoughts related to property rights and criminal law ideas

Cesare Beccaria was born in Milan, Italy, on March 15, 1738. After visiting Milan prisons, he studied and researched the criminal law system in the hope of saving a sin. Ten years later, in 1764, he published a small book called Crimes and Punishments. It was published in France in 1766 and was published seven times in six months. (Bayat 1397)

Italian lawmakers at the time were trying to prevent crime by punishing rather than increasing the efficiency of police officers. According to the laws enacted during the reign of Pope Benedict XIV, "the punishment for blasphemy was flogging, and when this sin was repeated for the third time, it was punishable by five years in slave labor. It was a great sin to enter the monasteries at night. Harassing or hugging a respectable lady in public would result in a life sentence for working on a slave ship. Defamation of others, even if nothing but the truth was said, made the offender subject to the death penalty and confiscation of his property. Carrying a pistol in secret had a similar punishment. In many areas, obedience to these laws was avoided by fleeing to a neighboring country, or by the mercy of a judge, or by sitting in a church. But in a few cases, these laws were strictly enforced. One was hanged for pretending to be a priest, another for stealing a priest's robe and selling it for a quarter of a franc. Another man who wrote letters to Pope Clement XI accusing him of having an affair with Maria Clementina Sobieska lost his temper. Even by 1762, prisoners' bones were crushed on torture chambers, or convicts were kicked, tied, and dragged to the ground.

At such a time and in such a situation, a young man wrote his treatise on the bread of Caesarea Beccaria. He writes in his treatise: "Where does the right of beheading fellow human beings come from? Certainly, this right is not the basis of sovereignty and law. Laws are the same set of components of freedom, the smallest component of freedom that anyone has been able to give to society. The law represents the public will, which is itself the sum of the wills of individuals; So the question is, who gave other people the right to take his life away from him? How can the smallest part of everyone's freedom include the right to life, that is, the greatest gifts, and if so, how can it be reconciled with another principle which says that man has no right to commit suicide; However, if he can grant this right to the society, he should not be deprived of it; "Therefore, no right prescribes the death penalty." (Beccaria 1764, Chapter 16) This treatise on a specific historical context was able to have a practical impact on the situation of European societies. In the years following the publication of this medium and the communication that intellectuals and thinkers of different societies in continental Europe had with each other, efforts were made and the means of torture in their old forms from Prussia to Russia were demolished.