Fundamental characteristics of criminal procedure in the system of cognito extra ordinem

Abstract

On the basis of the analysis of relevant classical and post-classical legal sources, in this paper criminal procedure rules which give fundamental characteristics to the system of cognito extra ordinem are researched observed in their development from August to Justinian. Thereto, the first part of this paper presents the hierarchical organisation and the real and local authority of the criminal organs of extra ordinem created by August's delegation of court powers extracted from the adopted tribunita potestas and imperium proconsulare and Consolidated in the period of an oriental type of absolute Roman monarchy. By presenting the course of cognitive criminal procedure, its inquisitorial and two-level nature as its main determiners are affirmed in the second part of the paper. In addition, particular attention is given to the gradual principles (efficiency, material truth and so on) and then to the amended content and the form of the judgement and the precisely regulated law upon appeal as a suspensive and devoluted legal remedy.

Keywords

• Roman criminal proceedings. cognito extra ordinem
• inqusito
• accusatio
• sentential
• appellatio
• August