The Criminal Law of Romans

intermediate

PR_W02;

PR_W03;

PR_W04;

PR_W06;

PR_W07;

AD2_W02;

AD2_W06;

AD2_U05;

AD2_U09;

AD2_U10;

AD2_K02;

Showing the roots of the modern criminal law in Roman law

1. The concept of criminal law, legal and literary sources.

2. The difference between crimina of criminal law and civil law torts.

3. Criminal law in the regal period. Leges regiae.

4. Criminal law during the Republic. Law of XII Tables. Legislation before Sulla.

5.Legislation of Sulla:

a) Individual crimina.

b) Quaestiones perpetuae

6. Magistrates dealing with the criminal law and procedure.

7. Provocatio ad populum.

8. Famous criminal trials (Roscius from America, Verres, Celius, and Milo).

9. Circumstances excluding the unlawfulness of the act (justification): the right of self-defence, state of necessity.

10. Criminal law during the Principate. The legal activity of Emperor Hadrian.

11. Criminal law during the Dominate. Justinian's Codification.

12. Penalties for individual crimes. Poena cullei, interdict aquae et ignis, relegation, fine.

Main literature - source texts:

M. i J. ZABŁOCCY, Ustawa XII Tablic, Tekst-tłumaczenie-objaśnienia, Warszawa 2000;

A. TARWACKA, 'Leges regiae' [tekst-tłumaczenie-komentarz], "Zeszyty Prawnicze" 4.1 (2004), s. 233-260;

E. LOSKA, 'Lex Iulia de vi publica'. Tekst-tłumaczenie-komentarz, "Zeszyty Prawnicze" 5.2 (2005), s. 225-237;

E. LOSKA, 'Lex Iulia de vi privata'. Tekst-tłumaczenie-komentarz, "Zeszyty Prawnicze" 6.1 (2006), s.301-307;)

Supplementary literature:

K. AMIELAŃCZYK, Rzymskie prawo karne w reskryptach cesarza Hadriana, Lublin 2006;

M. JOŃCA, Parricidium w prawie rzymskim, Lublin 2008;

M. JOŃCA,Głośne rzymskie procesy karne, Wrocław 2009;

M. KURYŁOWICZ, Zbrodnia i kara w starożytnym Rzymie, [w:] Prawo i obyczaje w starożytnym Rzymie, Lublin 1994, s. 192-200;

M. JOŃCA, Causam et susceptam et tam manifestam relinquit. Problemy interpretacyjne zwiazane z Cic. pro Cluent. 13,38-39, [w:] Salus rei publicae suprema lex. Ochrona interesów państwa w prawie karnym starożytnej Grecji i Rzymu, red. A. Dębiński, H. Kowalski, M. Kuryłowicz, Lublin 2007, s. 57-72;

W. MOSSAKOWSKI, Pojęcie crimina extraordinaria według D. 47,11, [w:] Salus rei publicae suprema lex. Ochrona interesów państwa w prawie karnym starożytnej Grecji i Rzymu, red. A. Dębiński, H. Kowalski, M. Kuryłowicz, Lublin 2007, s. 155-174;

K. AMIELAŃCZYK, Głos cesarza Hadriana w sprawie SC Silanianum, "Zeszyty Prawnicze" 6.1 (2006), s. 9-25;

K. AMIELAŃCZYK, 'Lex Cornelia de sicariis et veneficis', "Annales UMCS" 43 (1996), s. 273-296;

K. AMIELAŃCZYK,'Parricidium' i 'poena cullei', [w:] Religia i prawo karne w starożytnym Rzymie, Lublin 1998;

K. AMIELAŃCZYK, Z historii ustawodawstwa rzymskiego w sprawach karnych. Próba periodyzacji, "Acta Universitatis Wratislaviensis" 3063, "Prawo", 305 (2008), Studia historycznoprawne. Tom poświęcony pamięci Profesora Edwarda Szymoszka, pod red. A. Koniecznego, s. 11-24;

M. DYJAKOWSKA, Uwagi Marka Tulliusza Cycerona o karze śmierci, [w:] Kara śmierci w starożytnym Rzymie, Lublin 1996, s. 59-66; L. GAROFALO, Pojęcia i żywotność rzymskiego prawa karnego, "Zeszyty Prawnicze" 3.1 (2003), s. 7-41;

PR_W02: the student knows and understands the sources and nature of the regulation of Roman criminal law, in historical and contemporary aspects;

PR_W03: the student knows and understands the process of shaping the rules and legal institutions of Roman criminal law;

PR_W04: the student knows and understands the structure, way of formation and operation of the institutions of Roman criminal law, as well as the relations between these institutions in relation to the most important institutions of Roman private law and modern criminal law;

PR_W06: the student has in-depth knowledge of the classification of events and their consequences within Roman criminal law, identifying the relationships between them and knows information technologies and search systems for obtaining information about them;

PR_W07: the student knows and understands the methods and tools for creating regulations in the field of Roman criminal law;

AD2_W02 The student knows and understands the basic terminology of Roman criminal law; lists the essential procedures characteristic for Roman criminal law; has knowledge of Roman criminal law

AD2_W06 The student knows and understands the regulations of the Roman criminal law, organizing social structures and institutions in ancient Rome and the rules governing them, as well as their sources, character, genesis and functioning.

AD2_U05 the student is able to interpret source texts and apply Roman criminal law regulations to solve a specific source problem.

AD2_U09 the student is able to collect data on the analyzed problem in order to justify the actions and decisions taken; can present knowledge of Roman criminal law orally in English;

AD2_U10 the student is able to use English in accordance with the requirements specified for the B2 + level of the European System for the Description of Languages Education;

AD2_K02 the student is ready to work and cooperate in a group and perform tasks in the field of Roman criminal law

Class hours (according to the study plan) with the lecturer 60

Student's own work:

- independent analysis of source texts 40

- independent literature analysis 40

- preparation of a final essay (essay) 60

Total: 200 h (8 ECTS)

The learning outcomes in the field of knowledge are verified by continuous assessment (discussions and informal interviews during the semester) and written essay at the end of the semester.

The learning outcomes in the field of skills are verified by the following methods: continuous assessment.

The learning outcomes in the field of social competences are verified by the following methods: continuous assessment.

Student

For grade 2

PR_W02: the student does not know nor understand the sources and nature of the regulations of Roman criminal law, neither in historical nor contemporary aspect;

PR_W03: the student does not know nor understand the process of shaping the rules and legal institutions of Roman criminal law;

PR_W04: the student does not know nor understand the structures, method of formation or operation of the institutions of Roman criminal law, or the relations between these institutions in relation to the most important institutions of Roman private law and modern criminal law;

PR_W06: the student has no knowledge of the classification of events and their consequences within Roman criminal law, does not know how to identify relationships between them, does not know information technologies and search systems used to obtain information about them;

PR_W07: the student does not know nor understand the methods and tools for creating regulations in the field of Roman criminal law;

AD2_W02 The student does not know nor understand the basic terminology of Roman criminal law; does not list the essential procedures specific for Roman criminal law; has no knowledge of Roman criminal law

AD2_W06 The student does not know nor understand the Roman criminal law regulations organizing social structures and institutions in ancient Rome nor the regularities that govern them, their sources, nature, genesis and functioning.

AD2_U05 the student is not able to interpret source texts or apply Roman criminal law to solve a specific source problem.

AD2_U09 the student is not able to collect data on the analyzed problem in order to justify the actions and decisions taken; cannot present orally in English knowledge of Roman criminal law;

AD2_U10 the student is not able to use English in accordance with the requirements specified for the B2 + level of the European System for the Description of Language Education;

AD2_K02 the student is not ready to work and cooperate in a group or to perform tasks in the field of Roman criminal law

For grade 3

PR_W02: the student sufficiently knows and understands the sources and nature of the regulations of Roman criminal law, in the historical and contemporary aspect;

PR_W03: the student knows and understands the basic processes of shaping the norms and legal institutions of Roman criminal law;

PR_W04: the student has a basic knowledge and understanding of the structure, method of formation and operation of the institutions of Roman criminal law, as well as the relations between these institutions in relation to the most important institutions of Roman private law and modern criminal law;

PR_W06: the student has a basic knowledge of the classification of events and their consequences within Roman criminal law, identifying the relationships between them and is familiar with information technologies and search systems for obtaining information about them to a sufficient degree;

PR_W07: the student sufficiently knows and understands the methods and tools for creating regulations in the field of Roman criminal law;

AD2_W02 The student sufficiently knows and understands the basic terminology of Roman criminal law; lists the essential procedures characteristic for Roman criminal law; has knowledge of Roman criminal law

AD2_W06 The student has a basic understanding of the Roman criminal law regulations that organize social structures and institutions in ancient Rome and the rules that govern them, as well as their sources, character, genesis and functioning.

AD2_U05 the student is able to sufficiently interpret source texts and apply Roman criminal law regulations to solve a specific source problem.

AD2_U09 the student is able to sufficiently collect data on the analyzed problem in order to justify the actions and decisions taken; can present orally in English knowledge of Roman criminal law;

AD2_U10 the student is able to use English sufficiently in accordance with the requirements specified for the B2 + level of the European System for the Description of Languages Education;

AD2_K02 the student is sufficiently ready to work and cooperate in a group and perform tasks in the field of Roman criminal law

For grade 4

PR_W02: the student well knows and understands the sources and nature of the regulation of Roman criminal law, both in historical and contemporary aspects;

PR_W03: the student knows well and understands well the process of shaping the norms and legal institutions of Roman criminal law;

PR_W04: the student well knows and understands the structure, method of formation and operation of the institutions of Roman criminal law, as well as the relations between these institutions in relation to the most important institutions of Roman private law and modern criminal law;

PR_W06: the student has a significant knowledge of the classification of events and their consequences within Roman criminal law, identifying the relationships between them, and knows information technologies and search systems for obtaining information about them;

PR_W07: the student well knows and understands the methods and tools for creating regulations in the field of Roman criminal law;

AD2_W02 The student knows well and understands well the basic terminology of Roman criminal law; lists the essential procedures characteristic for Roman criminal law; has knowledge of Roman criminal law

AD2_W06 The student well knows and understands the regulations of Roman criminal law, organizing social structures and institutions in ancient Rome and the regularities that govern them, as well as their sources, character, genesis and functioning.

AD2_U05 the student is able to interpret source texts well and independently apply the regulations of Roman criminal law to solve a specific source problem.

AD2_U09 the student is able to independently collect data on the analyzed problem in order to justify the actions and decisions taken; can present knowledge of Roman criminal law orally in English;

AD2_U10 the student is able to use English in accordance with the requirements specified for the B2 + level of the European System for the Description of Languages Education;

AD2_K02 the student is well prepared to work and cooperate in a group and perform tasks in the field of Roman criminal law.

For grade 5

PR_W02: the student very well knows and understands the sources and nature of the regulations of Roman criminal law, in historical and contemporary aspects;

PR_W03: the student very well knows and understands the process of shaping the norms and legal institutions of Roman criminal law;

PR_W04: the student very well knows and understands the structure, method of formation and operation of the institutions of Roman criminal law, as well as the relations between these institutions in relation to the most important institutions of Roman private law and modern criminal law;

PR_W06: the student has in-depth knowledge of the classification of events and their consequences within Roman criminal law, identifying the relationships between them, and is very familiar with information technologies and search systems for obtaining information about them;

PR_W07: the student knows and understands very well the methods and tools for creating regulations in the field of Roman criminal law;

AD2_W02 The student very well knows and understands the basic terminology of Roman criminal law; lists the procedures characteristic of Roman criminal law; has extensive knowledge of Roman criminal law

AD2_W06 The student knows very well and understands very well the regulations of the Roman criminal law, organizing social structures and institutions in ancient Rome and the regularities that govern them, as well as their sources, character, genesis and functioning.

AD2_U05 the student is able to interpret source texts perfectly and to apply the regulations of Roman criminal law very well to solve a specific source problem.

AD2_U09 the student is very good at collecting data on the analyzed problem in order to justify the actions and decisions taken; can present orally in English knowledge of Roman criminal law;

AD2_U10 the student is able to use English fluently in accordance with the requirements specified for the B2 + level of the European System for the Description of Language Education;

AD2_K02 the student is perfectly prepared to work and cooperate in a group and perform tasks in the field of Roman criminal law.