Local Understandings of Roman Criminal Law and Procedure in Asia Minor

Abstract

This chapter deals with the knowledge provincials had, and the use they made, of Roman criminal procedure in the provinces of Asia Minor during the imperial period. This will be examined through two main categories of evidence: (1) petitions to emperors complaining about Roman soldiers or functionaries’ abuses against local population, (2) funerary inscriptions including provisions claiming that fines should be paid to the imperial treasury in case of desecration. This evidence supports the view that (unlike part of scholarship has been assuming for a long time) Roman criminal procedure still included accusatorial features under the Principate and that a formal accusation was needed for a proper criminal investigation to be launched. It is argued that provincials were deeply aware of what Roman criminal law was and could explicitly refer to some specific provisions in order to defend their own interests and even to challenge decisions made by the Roman administration.