The adversarial principle in the Roman criminal procedure

Abstract

The adversarial principle was present in the Roman criminal procedure basically from the beginning of its functioning. The criminal procedure was regarded already by the ancient Romans as a dispute between two opposite parties to the proceedings – the plaintiff and the defendant. In particular, the proceedings before quaestiones perpetuae had typically adversarial character. However, as it has been demonstrated, the adversarial principle was limited to some extent even in this form of the proceedings. The adversarial character underwent a certain transformation in cognitio extra ordinem. In the new type of the criminal procedure, mostly the role of the court changed. In cognitio extra ordinem the court became a body actively participating in the criminal proceedings, equipped with the instruments aimed to implement the rule of material truth. Despite the fact that the adversarial principle was brought under control of the judge who adjudicated on a given case, it remained one of the main principles of the Roman criminal procedure.