Legal–historical aspects of criminal regulation of active bribery and corruption in statutory law of the medieval Dalmatian municipalities

Autor: Lachner, Višnja
Přispěvatelé: Misheva, Kristina, Ampovska, Marija
Jazyk: angličtina
Rok vydání: 2017
Předmět:
Popis: Corruption as a harmful social phenomenon we can find already at the very beginning of organized societies. Therefore, dealing with the concept and the appearance of corruption we encounter everywhere throughout history. In this paper, the author makes an effort to provide an overview and the analysis of criminal norms regulating (corrupt) incriminations of active bribery in the statutory law of the medieval Dalmatian communes. Namely, it could be said that these statutes contain incriminations that are closest to today's regulation of the criminal offense of bribery, which is why the author has chosen them as the subject of the analysis. The author in the paper describes the norms of criminal law that incriminate different corruptive behaviors and compares the provisions of the city statutes with a comparative method. In the first part of the paper, we will present the role of Roman law and society, which by adopting a large number of anti-corruption laws regulates the act of corruption. The Dalmatian cities belonged to the culture of the Catholic Worldview and also to the ancient culture, especially Roman. Therefore, the provisions of the medieval municipal statutes of the Eastern Adriatic originate either directly from Roman law or from the reception of this law through the influence of canon law of the Middle Ages. In the second part of the paper the author analyzes the legal provisions of the Dalmatian statutes which directly or indirectly testify of (active) bribery. In the end of the paper, the author outlines the main results of the paper.
Databáze: OpenAIRE