The origins of the prescription of offences in Roman criminal law

Abstract

The institution of prescription of offences was for the first time introduced to Roman criminal law in the times of Augustus within the lex Iulia de adulteriis coërcendis, which, under the public law, penalized as a crime nearly all the extramarital relations, especially those of adultery (adulterium), and equally treated stuprum, which constituted fornication with unmarried women and widows. A man guilty of adulterium was equally penalized. If a husband failed to divorce or charge his adulterous wife, he could be subjected to penalty for pandering, equally to a pander (lenocinium). In this law, the prescription of offences was introduced for the first time. The prosecution could be brought not later than five years after committing a crime. Under Tiberius, however, the legislation attempted to derogate the prescription, and prostitutes (originally not subjected to prosecution) were equally subjected to penalties. Caligula, on the other hand, ceased to prosecute lenocinium and instituted taxes on prostitutes and panders. Nevertheless, the adultery was still penalized in accordance to Augustan law, with the prescription period of five years still in force.