Crimen Maiestatis and the Poena Legis during the Principate



Year of publication 2014
Type Appeared in Conference without Proceedings
MU Faculty or unit

Faculty of Arts

Description It has been argued that during the reign of Roman emperors the crime of violating majesty was punishable by death, and its prosecution has been considered one of the negative aspects of this era. However, the debate on the origin, date and content of the law which should have formed the frame for trials, the lex Iulia maiestatis, has not been sufficiently concluded. The paper's aim is to confirm that it was the aquae et ignis interdictio, i. e. non-voluntary exile, introduced as legal penalty for maiestas by Sulla or Caesar, that remained the poena legis in the Principate. The possibilities of the cognitio extra ordinem which spread from the beginning of the Principate, and the role of the senate are duly considered.
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