Römisches Strafrecht

Abstract

Römisches Strafrecht was first published in 1899 and complements Mommsen's earlier, monumental study of Roman constitutional law. Applying the same historical method, he attributes the evolution of criminal law to the demise of the Roman Republic. The book, here reissued in two volumes, is divided into five main sections. The first discusses the nature of criminal law. Mommsen next looks at the institutions involved in administering criminal law, and the roles of different officials within them. He identifies three types of trial: trial by magistrate alone, trial by magistrate and comitia, and trial by jury, and describes their stages from the courtroom process to the pronouncement of sentence. Sections 4 and 5, in the second volume, consider particular crimes, from treason or murder to heresy, rape and theft, and explain the possibilities for appeal and the different categories of sentences ranging from the death penalty or exile to fines.

The Myth of the Neronian Persecution

“…On the procedures before Felix, and later Festus, see Sherwin-White, ‘Paul before Felix and Festus’, ch. 3 in 1963: 48–70, who confirmed the view, clearly expressed well over a century ago by Theodor Mommsen, that the procedures followed were normal for criminal hearings before governors in the provinces: see Mommsen 1899: 469, n. 1, and Mommsen 1901: 81–96 = 1907: 431–6.…”

Is Red Figure the New Black? The Imprisonment of Women in Classical Athens

“…6. Mommsen (1899). For a concise synopsis of recent developments in ancient prison studies, see Hillner (2015), 1-4.…”

Notion, Tendencies, Milestones, Principles of Criminalistics

“…In the same way as criminal law without procedural law is only a knife handle without the edge, and the other way round, procedural law without criminal substantive law is an edge without a handle, one may also say -based on this pattern -that the law of criminal procedure is only a handle without the edge of criminalistics, and likewise, criminalistics is only an edge without the handle of criminal procedural law [1].…”