Ancient Rome Penal Practice



Ancient Rome Penal Practice

Ancient Rome: The Monarchy

Originally the Roman criminal law presents the characteristics of primitive penal forms. So you can see clearly a marked accent theological or religious, in the presence of prohibitions and sacrifices typical of taboo, which meant to give a profile sacred to grief. This period will have a unique element: the authority of the paterfamilias, whose power could in extreme cases reach to decide on the life of the subjects under their authority. It will be noted in this early period, we could locate in the period of the "Kings" (753-509 BC), the influence of the law of retaliation in all its magnitude. This acceptance of "retribution" gives a measure of revenge instinct and an end, opening the period of the penalty assessed, making this special living jurisdiction expression familiar with the jurisdiction of the King.

The Public Nature of Criminal Law in Rome

From the pristine, Roman criminal law entertained the idea of being a public right. While there was always the difference between "public criminal" and "delight private," the question is jurisdictional in nature showed more than substantial. In the case of "iudicium publicum" the act violated the community itself, and then it could be exercised by any citizen or by the judge for giving in this case lead to the institute. The "iudicium privatum" This was an action that belonged exclusively to the crime victim and originated before the injury only interest.

It is appropriate to recall that originally only perduellio (which amounted to treason) and (intentional homicide to a member of the caste) were the two major sources of crime groups against the state against individuals. We can say without any mistakes that the Romans in their conception of the punitive system were were the great pioneers of modern criminal law. Save a noteworthy merit the consecration of the secular sense of criminal law, because in the old legislation (Code of Manu in India or law.

Mosaic or the Hebrew Pentateuch) was a strong religious content, which was confused with sin crime, law and morality and thus, the offender is punished him by divine will and as atonement. Thus, the public punishment compromised the implementation of a fault, through "supplicium" and another penalty was a mandatory payment in cash, called "damnum". On the one hand the principle of guilt that goes: "nobody can be punished without previous fault (nulllum crimen sine culpa)," ...