Abstract
<p>The purpose of the article is to present the legal situation of a slave under Roman criminal law. The analysis conducted proves that the approach towards slaves changed along with the transformation of the government system of ancient Rome. In the Period of the Republic, criminal liability of slaves evolved in two directions. The <em>dominica potestas </em>was exercised by owners, as well as the collegial body – <em>tresviri capitales</em>. From the Principate period, Roman jurists were convinced that the legal status of a slave and a free person was identical under criminal law. The difference between these offenders was non-exercise of <em>leges criminales</em> with a penalty that would be inadequate for their legal status, or ruling and exercising of more severe penalties against slaves.</p>
Highlights
M The purpose of the article is to present the legal situation of a slave under Roman criminal law
The analysis conducted proves that the approach towards slaves changed along with the transformation of the government system of ancient Rome
In the Period of the Republic, criminal liability of slaves evolved in two directions
Summary
M The purpose of the article is to present the legal situation of a slave under Roman criminal law. U status of a slave and a free person was identical under criminal law. It is clearly visible that having a certain legal capacity, slaves participated actively in trade of goods to the direct benefit of their masters[6]. It should be kept in mind, that a servus could bring noxal liability[7] upon their owner by committing a delict. Slaves and the Criminal Law, “ZSS” 1981, vol 98(1), DOI: https://doi.
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