University proceedings. Volga region. Social sciences
Background. In Greek source studies and historical and legal literature, the issue of the formation of the Greek criminal-legal tradition and the practice of creating their own criminal codes has not been sufficiently studied. Materials and methods. In the study of the Greek legal tradition and the...
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| Format: | Article |
| Language: | English |
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Penza State University Publishing House
2025-03-01
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| Series: | Известия высших учебных заведений. Поволжский регион: Общественные науки |
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| Summary: | Background. In Greek source studies and historical and legal literature, the issue of the formation of the Greek criminal-legal tradition and the practice of creating their own criminal codes has not been sufficiently studied. Materials and methods. In the study of the Greek legal tradition and the systematization of criminal law norms, a comparative-historical approach, systemic-structural analysis and historical-diachronic description of the processes of evolution of sources and legal techniques for creating systematized acts were used. Results. It has been established that the early criminal-legal practice of Ancient Greece was interconnected with the religious and legal ideas about the collective responsi-bility of the clan and the idea of objective imputation, widespread in the Greek city-states. It was revealed that in the medieval period, the continental criminal law tradition had the main influence on the criminal justice system and the systematization of criminal law. After liberation from the Ottoman Empire, the creation of the Greek criminal legal system con-tinued, absorbing the ideology of the Enlightenment and the technique of Napoleonic codi-fication. The first criminal codes of the liberated country were created in the context of solving the legislative task of unifying the national legal order and creating a centralized judicial system. Conclusions. The obtained results indicate that Greek criminal law ab-sorbed the main legal categories and principles of systematization of Roman law, the ori-gins of which are doctrinally based on ancient Greek philosophical and legal thought and early criminal and legal practice. The author concludes that criminal law codification in modern Greece was based on the Franco-German model, although with previous elements of Roman-Byzantine criminal law. The resulting codification of criminal law ensured the state's human rights function and the liberal content of Greek criminal law. |
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| ISSN: | 2072-3016 |