Local Understandings of Roman Criminal Law and Procedure in Asia Minor

2020 ◽  
pp. 157-184
Author(s):  
Cédric Brélaz

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.

2021 ◽  
Vol 68 (1) ◽  
pp. 129-135
Author(s):  
Kostas Vlassopoulos

This is the first review of books in Greek history after a year, as the Coronavirus crisis last spring made it impossible to submit a review for the G&R volume of autumn 2020. I apologize to readers and editors for the resulting delay in reviewing two books published in 2018. The multi-volume Lexicon of Greek Personal Names has been a tremendous tool of research that one day could hopefully revolutionize the study of Greek history. The volume under review is the eighth in the series; edited by Jean-Sébastien Balzat, Richard Catling, Édouard Chiricat, and Thomas Corsten, it is devoted to inland Asia Minor, covering Pisidia, Lycaonia, Phrygia, Galatia, Paphlagonia, Cappadocia, Pontus, and Armenia. The onomastics of these areas are complex owing to the various historical processes in which they were enmeshed: centuries of migration, conquest, and cultural change meant that, in addition to the ‘native’ cultural traditions of inland Asia Minor, the Persian, Hellenistic, and Roman empires, as well as migratory movements like that of the Celts, left a deep onomastic impact. The issue is further complicated because the majority of the evidence comes from the Roman Imperial period, making diachronic comparison more difficult. This excellent volume offers a new documentary basis for studying social, cultural, and economic processes of change in these important areas of the ancient world: the full collection of the evidence makes it easier to classify names into different linguistic groups, an issue that has bedevilled the study of onomastics in Asia Minor for a very long time; it will also be possible to study regional divergences in the onomastics of different areas.


SEEU Review ◽  
2021 ◽  
Vol 16 (2) ◽  
pp. 28-47
Author(s):  
Albana Aliu ◽  
Besa Arifi

Abstract The purpose of this research is to study and address the relation between the perpetrator and the victim, in particular the way it is regulated in the Republic of Kosovo by comparing it with the regulation in other countries. A long time ago criminal law in its institutes has paid attention only to the perpetrator, trying to guarantee his fundamental rights, it is enough to stop at the institute of presumption of innocence and many other institutes and we can see how importance criminal law and in particular criminal procedure has paid to the perpetrator, and on the other hand the victim has always remained in the shadows. Therefore, today we find it reasonable to address this issue, to find out from which period criminal law and authors of criminal law turn their heads towards the victim, to find out what is the position of the victim in society today, what steps have been taken in legal terms and also special attention will be paid precisely to restorative justice as a key point for the realization of the rights of the victim, the compensation of the damage and the restoration of balance and the establishment of relations in society. And it is quite important that in addition to the relations that perpetrators have with victims, we also try to understand the historical course of restorative justice and this way to make an analysis of the position of the victim and the perpetrator over the decades.


2017 ◽  
Vol 1 (1) ◽  
pp. 56
Author(s):  
Nani Mulyati ◽  
Topo Santoso ◽  
Elwi Danil

The definition of person and non-person always change through legal history. Long time ago, law did not recognize the personality of slaves. Recently, it accepted non-human legal subject as legitimate person before the law. This article examines sufficient conditions for being person in the eye of law according to its particular purposes, and then, analyses the meaning of legal person in criminal law. In order to do that, scientific methodology that is adopted in this research is doctrinal legal research combined with philosophical approach. Some theories regarding person and legal person were analysed, and then the concept of person was associated with the accepted definition of legal person that is adopted in the latest Indonesian drafted criminal code. From the study that has been done, can be construed that person in criminal law concerned with norm adressat of the rule, as the author of the acts or omissions, and not merely the holder of rights. It has to be someone or something with the ability to think rationally and the ability to be responsible for the choices he/she made. Drafted penal code embraces human and corporation as its norm adressat. Corporation defined with broad meaning of collectives. Consequently, it will include not only entities with legal personality, but also associations without legal personality. Furthermore, it may also hold all kind of collective namely states, states bodies, political parties, state’s corporation, be criminally liable.


Author(s):  
Роман Михайлович Морозов ◽  
Дмитрий Юрьевич Волков

Целью статьи было рассмотреть проблемные аспекты тактико-криминалистического применения технических средств при производстве допроса, предложить научно обоснованные рекомендации по их использованию. В статье раскрываются особенности применения технико-криминалистических средств процессуально уполномоченными должностными лицами органов предварительного следствия и дознания при производстве допроса подозреваемых (обвиняемых), в отношении которых избрана мера пресечения в виде заключения под стражу. По результатам проведенных исследований правоприменительной практики и научной литературы авторами раскрываются процессуальные и тактические основания и порядок применения технических средств при производстве допроса на отдельных его этапах, предлагаются решения проблем, связанных с применением технико-криминалистических средств, даются рекомендации по порядку применения отдельных технических средств. Выделяются наиболее целесообразные тактические приемы допроса при применении технических средств фиксации. Авторами предложены изменения в уголовно-процессуальное законодательство по совершенствованию законодательных норм в области применения технических средств при производстве следственных действий. Сформулированные в статье выводы могут быть использованы в правоприменительной практике следователями (дознавателями) при производстве допроса в следственном изоляторе, а также при преподавании отдельных дисциплин: «Уголовный процесс», «Криминалистика», а также специальных курсов (по выбору) уголовно-правового профиля. The purpose of the article was to consider the problematic aspects of the tactical and forensic use of technical means during the interrogation, to offer evidence-based recommendations for their use. The article reveals the features of the use of technical and forensic means by the procedurally authorized officials of the preliminary investigation and inquiry bodies during the interrogation of suspects (accused), in respect of which a preventive measure in the form of detention has been chosen. According to the results of the research of law enforcement practice and scientific literature, the authors reveal the procedural and tactical grounds and the procedure for the use of technical means during the interrogation at its individual stages, offers solutions to problems associated with the use of technical and forensic means, gives some recommendations on the order of application of individual technical means. The most appropriate tactics of interrogation, the use of technical facilities of fixation. The authors propose changes to the criminal procedure legislation to improve the legislative norms in the field of application of technical means in the investigative actions realization. The conclusions formulated in the article can be used in law enforcement practice by investigators (inquirers) during the interrogation in the pretrial detention center, as well as in the teaching of certain disciplines: «Criminal procedure», «Criminalistics», as well as special courses (optional) of criminal law profile.


Author(s):  
Almaz F. Abdulvaliev

This article presents the conceptual foundations for the formation of a new research field “Judicial Geography”, including the prerequisites for its creation, academic, and theoretical development, both in Russia and abroad. The purpose of the study is to study the possibility of applying geographical methods and means in criminal law, criminal procedure, and in judicial activity in general via the academic direction “Judicial Geography”. The author describes in detail the main elements of judicial geography and its role and significance for such legal sciences, as criminal law, criminal procedure, criminalistics, and criminology among others. The employed research methods allow showing the main vectors of the development of judicial geography, taking into account the previous achievements of Russian and worldwide academics. The author indicates the role and place of judicial geography in the system of legal sciences. This study suggests a concept of using scientific geographical methods in the study of various legal phenomena of a criminal and criminal-procedural nature when considering the idea of building judicial bodies and judicial instances, taking into account geographical and climatic factors. In this regard, the author advises to introduce the special course “Judicial Geography”, which would allow law students to study the specifics of the activities of the judiciary and preliminary investigation authorities from a geographical point of view, as well as to use various geographical methods, including the mapping method, in educational and practical activities. The author concludes that forensic geography may become a new milestone for subsequent scientific research in geography and jurisprudence.


2021 ◽  
Vol 3 (2) ◽  
pp. 173-179
Author(s):  
Muhardi Muhardi

The practice of gambling is growing day by day in various levels of society, from the lower classes to the upper classes. This was proven when the Pesisir Selatan Criminal Investigation Unit (Sat Reskrim) arrested 7 (seven) mothers who played playing card gambling in Kampung Samudera, Kenagarian Surantih, Sutera District, Pesisir Selatan on October 21, 2017. But before taking the route criminal law in general, this case has been resolved by customary law in Pesisir Selatan by receiving customary sanctions. This research is a descriptive analytical study. The approach used in this study is a normative juridical approach supported by an empirical juridical approach. From the results of the research it can be explained that: First, the application of customary sanctions in the settlement of gambling crimes in Pesisir Selatan Regency, is by considering local rules and discretion made by the Head of Criminal Investigation Unit of the Pesisir Selatan Police. Where deliberation leaders, traditional, religious and family leaders hold a meeting, the results of the deliberation are conveyed to the police so that the suspects will be given customary sanctions, in the form of requiring them to walk from the location of arrest to one of the mosques, and vowing not to repeat the act again. Second, the obstacles to the application of customary sanctions in solving gambling crimes in Pesisir Selatan Regency are internal obstacles to the police and external obstacles to the police. There are settlement steps that can be taken in overcoming the obstacles that occur in overcoming gambling with preventive and repressive measures.


1938 ◽  
Vol 34 (2) ◽  
pp. 156-160
Author(s):  
A. A. Khasanov

Fikovskaya water. For a long time the local population has been using Fikovskaya water with success for the treatment of various rheumatic diseases. The fame of Fik's sources spread to all neighboring regions. The number of patients who come here is quite significant. The local population treats the sick with water in tin baths, heating the water in enameled cast iron. In the warm season, this village turns into a primitive resort, where patients undergo treatment without medical supervision.


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