Zbrodnia i kara w świetle V Księgi Ordynacji Filipińskich
CRIME AND PUNISHMENT IN LIGHT OF BOOK V OF THE PHILIPPINE ORDINANCES

Summary/Abstract: The subject matter of the article concerns one of the most important European legal codes, namely the Philippine Ordinances (Ordenações Filipinas), which was promulgated in Portugal in 1603. They were also in force in the overseas territories (colonies) of Portugal in Africa, America, and Asia. Throughout the paper, the author pays attention to the norms contained within Book V of the Ordinances, which is the equivalent of the Penal Code. These norms had been in force until Portugal promulgated its Penal Code in 1850. However, some types of punishment provided for by the Ordinances survived in the Portuguese legal system until the middle of the 20th century. The aim of the article is to capture the most important aspects of the norms contained within the Philippine Ordinances. The paper discusses, in turn, 1) the understanding of crimes and its functioning in the Ordinances, 2) the types of penalties provided for by them, especially the death penalty, 3) the differentiation of penalties depending on the social condition and sex of the judged, 4) the penalty of exile as the main element of the Portuguese penal system as well as 5) the utilitarian nature of this punishment, which was related to the colonial interests of the Portuguese state.

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