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The notion of punishable attempt in doctrine and statutory law of Italian cities (13th–14th century)

history of criminal law attempted crime statutory law medieval Italian cities

The purpose of the article is organising the past knowledge about criminal liability of the intent to commit a criminal offence. The legal construction of first offences formed in the statutes passed by Italian cities from the thirteenth to the fourteenth century. The possibility of an unfettered enactment of these legal acts was related to the autonomy of peculiar state structures — urban communes. In statutory law the elements of Roman and Lombard law articulated one another. However, these previous legal systems did not yet know the liability for attempting to commit crime as a general rule. A major influence on the activity of urban legislators was exerted by the notions framed by contemporary jurists, concerning themselves with the theoretical grounds for the institution of attempted crime. The author gives instances of legal rules, originating from the statutes of various communes, which proclaim that the intent to commit an unlawful act was punishable, despite the act itself not being committed.

ISSN 0524-4544 ISSN 0239-6661

10.19195/0524-4544.332.1

PAd P 101182 II

Czasopisma Naukowe w Sieci (CNS)

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