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Criminal procedure
(366 words)

[German version]

From a historical perspective it is only possible to speak of a criminal procedure (CP) in the technical sense if we can distinguish a field of criminal prosecution in the public (state) interest ( Punishment; Criminal law) from legal prosecution in the civil interest (including any civil law penalties, Lat.  poena ). The fact, for example, that private  revenge is channelled via the obligation to conduct a judicial procedure still does not constitute a CP: to protect public peace and state authority, only the administering of private p…

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Schiemann, Gottfried (Tübingen), “Criminal procedure”, in: Brill’s New Pauly, Antiquity volumes edited by: Hubert Cancik and , Helmuth Schneider, English Edition by: Christine F. Salazar, Classical Tradition volumes edited by: Manfred Landfester, English Edition by: Francis G. Gentry. Consulted online on 04 August 2021 <http://dx.doi.org/10.1163/1574-9347_bnp_e1123660>
First published online: 2006
First print edition: 9789004122598, 20110510



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