Delator w rzymskich procesach karnych

Abstract

Among the subjects, occurring in the public scene of Ancient Rome, also in trials, we can analyze the term and function of the delator, which in legal sphere might be understood, depending on a type and a model of a process, as: an applicant, a requested person, a denunciator, an informer, an accuser or a witness. Apart from a function of a prosecutor in archaic period of the Roman criminal law, it is worth to check the main issue to a specification: denunciator (delator) – prosecutor (accusator). Prosecutor, in the process from 149 BC, performed as an extrajudicial subject from his own civic initiative on the base of the actio popularis. He acted personally on his own behalf, but in the public interest. He was able to use the information of a denunciator, but also took all personal responsibility for all undertaken legal actions. Liability of prosecutor was spread on the substantive sphere (liability for committing calumny) as well as on the strict procedural area. Whereas denunciator – informer did not have a position of a subject in the trial, but was not responsible for the faith of the process, but also could not request to convict a defendant or submit any claims. However, it seems to be more interesting, that the function of the delator was available for everyone, regardless to his social status, because it did not base on a construction of the actio popularis. On the consequence of the trial dynamics it might appear, that the denunciator initiated the criminal case or that the court acted ex officio.