The Roman Roots of Minors' Criminal Liability
The Roman Roots of Minors' Criminal Liability

Author(s): Mariateresa Carbone
Subject(s): Criminal Law, Roman law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Impuber;Dolus capax;Culpae capax;Pubertati proximus;Minors' imputability;Impubise's delict liability;
Summary/Abstract: The impubes’s delict liability, in the classic period, is subordinated to being doli or culpae capax; two decemviral provisions, instead, established a less severe sanction with respect to pubes in case of impubes’s criminal behavior regardless from assessment about their actual ability to commit crime. Some textual clues allow us to speculate on the historical event that determined this evolution whose goal stands as a fundament of our current regulations, where an age range is also expected, characterized from an absolute presumption of not-imputability to the next one (that a recent proposal of law would tend to turndown, bringing it closer to the ages of pubertati proximi) where the imputability depends on the ability to understand and want the subject.

• Details
• Contents