The evolution of legal solutions concerning selected institutions of substantive criminal law (Roman roots of selected criminal law institutions)

Abstract

The subject of the study are selected issues of criminal law shown from the perspective of creating some ideas and views of criminal law’s doctrine. Due to relatively short period when the institutions of criminal law were created, an attempt to present them through the prism of its origins, reaching its roots in Roman law, is possible only in relation to selected elements that make up the contemporary crime structure, as well as the circumstances that allow to exclude the elements of the offense. Taking this point of view, in this study are presented some institutions of the criminal law in their historical aspects, however, without losing sight of the differences that in fact arise from the completely different perception in Roman law the role and meaning of penal prescriptions in comparison to these that are the essence of the responsibility principles in contemporary systems of continental criminal law.