Responsabilità penale ‘di gruppo’ e solidarietà. Formazioni militari e bande armate fra diritto romano e alto Medioevo

Botta, Fabio

2021-01-01

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Abstract

The paper examines the different features of group criminal liability in Roman law and Germanic legal systems of the early Middle Ages. Attention is paid to military bands and participation in the armed bands as a criminal offence. The punishment for participants is investigated through the lenses of the nature and function of armed bands in early medieval societies. In particular, it is shown that while in Roman law cumulative punishment was preferred, in early medieval sources the degree of liability was evaluated in accordance with the role played by the individual in the relevant criminal activity.