Published: 2023-07-10

Furiosus si hominem occiderit non tenetur: The reception of Roman legal solutions on the exemption of the insane from criminal liability in the legislation and canon law of medieval Sicily, including the views of its medieval jurisprudence (12th-14th c.)

Bartosz Zalewski
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2023.23.2.05

Abstract

The exemption of the insane from bearing criminal liability in Roman law has earned an extensive amount of discussion already but far less attention has been paid to the reception of Roman solutions in medieval law. However, this issue is important from the strictly historical aspect relating to criminal justice with regard to perpetrators considered insane. An in-depth analysis of this issue leads to the conclusion that the adoption of Roman solutions in the criminal legislation of the Kingdom of Sicilian and in canon law had an effect on the development of theoretical reflection on what is (and is not) a criminal offence, and especially on the characteristics of its subjective element (mens rea). The answer to the question whether an insane perpetrator is exempted simply on the grounds of preclusion of prosecution, or whether he cannot commit a crime at all because he is incapable of culpability has contributed to the consolidation of the position that only a culpable act can constitute a crime.

Keywords:

insanity;, criminal liability;, Roman criminal law; , ius commune;, canon law.

Download files

Citation rules

Zalewski, B. (2023). Furiosus si hominem occiderit non tenetur: The reception of Roman legal solutions on the exemption of the insane from criminal liability in the legislation and canon law of medieval Sicily, including the views of its medieval jurisprudence (12th-14th c.). Zeszyty Prawnicze, 23(2), 87–118. https://doi.org/10.21697/zp.2023.23.2.05

Cited by / Share


This website uses cookies for proper operation, in order to use the portal fully you must accept cookies.