The so-called Procedural Offences in the Roman Criminal Law Cover Image

Tzv. procesné trestné činy v rímskom práve
The so-called Procedural Offences in the Roman Criminal Law

Author(s): Martin Gregor
Subject(s): History of Law, Criminal Law
Published by: Masarykova univerzita nakladatelství
Keywords: False Allegations; Dishonest Action; Constraint Action; Roman Criminal Law.

Summary/Abstract: Article points to the potential responsibility of prosecutor for dolus act, whereby they would try to negatively influence the Roman criminal proceedings with the aim to thwart dispensation of justice. The article analyses in detail constituent elements of three offences that should have protected proper course of criminal proceedings. We refer to avoidance of false allegations in order that innocent people be not accused. In case the appeal that had been filed featured elements of targeting, prosecutor was obliged to act in a conscientious way, and not favour an accused person, otherwise they would have been guilty of dishonest action offence. Prosecutor would be punished for puzzlement, if they had left their lawsuit during the proceedings by not conducting any proceedings actions.

  • Issue Year: 28/2020
  • Issue No: 2
  • Page Range: 189-203
  • Page Count: 15
  • Language: Slovak