HISTORICAL DEVELOPMENT STAGES OF CRIMINAL PROCEDURE IN ANCIENT ROME
Authors:
Type:
Article
Pages:
from 0
to 0
Status:
Published
Received:
25.04.2016
Accepted:
04.05.2016
Published:
04.05.2016
Language:
Russian
Keywords:
Ancient Rome, Laws of the twelve tables, cranial procedure, judicial examination, criminal process stages, private charge, evidence, claims under the lawsuit, praetorian, Magister, arbitrator, Consul, panel of judges, permanent commissions, centuries’ commission, legal judgment.
Abstract (English):
This article studies historical-legal aspects of such issues as organization and development of criminal procedure in Ancient Rome, types of criminal procedure in this state, peculiarities of criminal procedure organization on the basis of the Laws of the twelve tables, legal status of officials, reviewing cases, as well as issues of guaranteeing fairness of the courts, specific to the ancient roman legal and institutional framework. Based on the historical development of the state and law, the author presents a different classification of the development stages of Ancient Rome and history of the Roman (Civil) Law. The author pays special attention to studying procedural law aspects, in particular, to the issues of particular characteristics of criminal procedure and judicial examination, evidence law, procedure of instituting court proceedings, hearings of cases in courts and adoption of relevant court decisions. The author conducts thorough analysis of the main stages of a criminal process, which, as the author assumes, consist of two parts — bringing of a suit, evaluation of evidence and documents, checking the accuser’s requirements, as well as reviewing claims under the lawsuit and submitted evidence, judicial examination.
This article studies historical-legal aspects of such issues as organization and development of criminal procedure in Ancient Rome, types of criminal procedure in this state, peculiarities of criminal procedure organization on the basis of the Laws of the twelve tables, legal status of officials, reviewing cases, as well as issues of guaranteeing fairness of the courts, specific to the ancient roman legal and institutional framework. Based on the historical development of the state and law, the author presents a different classification of the development stages of Ancient Rome and history of the Roman (Civil) Law. The author pays special attention to studying procedural law aspects, in particular, to the issues of particular characteristics of criminal procedure and judicial examination, evidence law, procedure of instituting court proceedings, hearings of cases in courts and adoption of relevant court decisions. The author conducts thorough analysis of the main stages of a criminal process, which, as the author assumes, consist of two parts — bringing of a suit, evaluation of evidence and documents, checking the accuser’s requirements, as well as reviewing claims under the lawsuit and submitted evidence, judicial examination.
Keywords:
Ancient Rome, Laws of the twelve tables, cranial procedure, judicial examination, criminal process stages, private charge, evidence, claims under the lawsuit, praetorian, Magister, arbitrator, Consul, panel of judges, permanent commissions, centuries’ commission, legal judgment.
Ancient Rome, Laws of the twelve tables, cranial procedure, judicial examination, criminal process stages, private charge, evidence, claims under the lawsuit, praetorian, Magister, arbitrator, Consul, panel of judges, permanent commissions, centuries’ commission, legal judgment.
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