Criminal Procedure in the Roman Imperial Period: Between Accusatio and Cognitio Extra Ordinem

Abstract

This article examines the development of criminal procedure in the Roman Imperial period, with particular emphasis on the relationship and gradual transition between the accusatorial model (accusatio) and the extraordinary imperial procedure (cognitio extra ordinem). Starting from the institutional and procedural changes caused by the decline of republican judicial bodies and the strengthening of imperial authority, the paper analyses the transformation of judicial power holders, the initiation of criminal proceedings, the role of the judge, the shift from public to secret hearings, the law of evidence, and the emergence of legal remedies such as appeal (appellatio) and asylum (asylum). Special attention is devoted to the issue of proof and to a critical reassessment of the long-standing doctrinal misconception concerning the existence of a formal and binding system of evidentiary rules in Roman law. The conclusion highlights the importance of Roman imperial criminal procedure for the development of the continental legal tradition, emphasizing its ambivalent legacy between enhanced state repression and the early formation of procedural safeguards.