尊威难犯——罗马叛逆罪探究

The Inviolable Majesty-A Study on Roman Lese-majesty

公元前103年的《阿普莱乌斯叛逆法》首开罗马叛逆罪之绪端。自此以后,从共和到帝政,从元首制到绝对君主制,叛逆罪的涵摄范围越来越大,刑罚愈来愈严。行为、言论、思想皆可成为惩治对象,君主之下,任何人都有可能成为叛逆罪的被告。对其审理,经历了刑事常设法庭到元老院和君主,最后由各级长官用特别程序的发展过程,其间遵行不得容隐、奖励告奸、刑讯逼供和死后追诉的原则;对其惩罚,则奉行诛行亦诛心、株连家属、死后追罚和叛逆不赦的原则,同时科以死刑、罚没资材和除忆诅咒等刑罚。叛逆罪无际的内涵、独特的审理原则及刑罚原则,皆说明了君权的唯我独尊和不容侵犯。

In BC 103, Lex Appuleia de maiestate opened the first page of the Roman lese-majesty. Since then, from the Republican to the imperial regime, from the Principate to the Dominate, The lese-majesty saw a growing covering range and more and more severe penalties. Act, speech, thinking, all these things could be punished. Under the monarchy, any person might become a accused of it. The hearing process of it underwent a change from the quaestio to the senate and the Emperor, and then to the magistrates who heard it with the quaestio extra ordinem, during these times, the principles for hearing were rewarding delator, using torture and suing after death, and no concealment was allowed; as far as the punishing principles are concerned, there were punishing both the acts and thinking, involving the convicts' family members, punishing after death and no pardon, and the main penalties for this kind of crime were death penalty, confiscating one's property, damantio memoriae and so on. The vast involvement, unique hearing and punishing principles just account for one fact that the monarchical power was supreme and inviolable.