
Non enim crimen dicitur, quod mortis adegit impulsus – notes on the CTh. 15.14.14.
Author(s) -
Izabela Leraczyk
Publication year - 2019
Publication title -
studia prawnicze kul
Language(s) - English
Resource type - Journals
eISSN - 2719-4264
pISSN - 1897-7146
DOI - 10.31743/sp.10610
Subject(s) - constitution , law , context (archaeology) , emperor , criminal liability , rigor mortis , political science , criminal law , criminology , history , sociology , ancient history , archaeology
The article analyses the constitution issued by Emperor Honorius in the year 416, concerning the perpetrators of offences qualified as crimen as the exemption from criminal liability, in a situation when such actions were undertaken during the barbaric invasions, escape from such invasions or the rule of the usurpers. The act governs that an action perpetrated for fear of one’s life cannot be seen as crime. The article analyses specific terms used in the above-mentioned legal act, especially in the context of the contemporary legal terminology of the epoch. Moreover, it presents the historical backdrop behind the issuing of the constitution, together with other regulations regarding collaboration with the enemy, both volitional and under coercion.