The focus of this study is on the criminal complicity in the Roman law. The study is divided into three chapters. In Chapter One, we discuss the moral criminal complicity, while Chapter Two covers the material criminal complicity. Chapter Three explains the provisions provided in this law, concerning the accomplice liability and the punishment consequences that the accessory accomplice is subject to because of his association with the principal accomplice in committing the crime. The main conclusion of this paper is as follows:
- The Roman penal legislations had confronted the criminal complicity because of its criminal seriousness, although this was not within a general theory.
- For the accessory accomplice to be criminally liable, the following three conditions should exist: Firstly, the incident of complicity should be associated with unlawful principal incident. Secondly, the accessory accomplice's criminal intent of committing the principal criminal incident should exist. Thirdly, the incident of complicity should be effective in committing the principal crime.
- The general rule, which we derived from the Roman law provisions, is the equivalence of punishment between the principal wrongdoer and the accessory accomplice. But, there were some exceptions in some specific crimes, where the principal wrongdoer's punishment differed from the accessory accomplice's punishment. Additionally, the Roman law used to take into account the mitigating and aggravating circumstances, either for the incrimination or the punishment determination.
Badawy, Elsayed Ahmed
"The Criminal Complicity An Analytical Study According To The Roman Law,"
Journal Sharia and Law: Vol. 2012:
52, Article 5.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2012/iss52/5