Legal Definitions - crimina extraordinaria

In ancient Roman law, crimina extraordinaria referred to a category of "extraordinary crimes." These were offenses that fell outside the jurisdiction of the standard, permanent courts (known as quaestiones perpetuae), which typically handled common crimes like murder, treason, or bribery and had established penalties.

Because crimina extraordinaria were not addressed by these specialized courts, they lacked predefined punishments. Instead, judges had considerable discretion to determine the appropriate penalty based on the specific circumstances of each case, often taking into account the severity of the act, the intent of the perpetrator, and the impact on society.

Here are some examples illustrating this concept:

• Example 1: A Novel Form of Public Misconduct

  Imagine a situation where a Roman official engaged in a complex scheme of influence peddling, using their position to unfairly benefit friends and family in ways that didn't directly involve traditional bribery (which had its own dedicated court). This new form of corruption might not fit neatly into the existing legal definitions or be covered by a specific quaestio perpetua. Therefore, it could be classified as a crimen extraordinarium. A judge would then have the authority to decide the punishment, perhaps imposing a fine, exile, or even a more severe penalty, without being bound by a fixed sentence.

• Example 2: Severe Disrespect to State Symbols

  Consider an individual who publicly defaced a sacred statue of a Roman deity or a significant monument representing the Republic, an act that caused widespread public outrage but didn't directly fall under existing laws for property damage or religious sacrilege that had a permanent court. Such an offense, while serious, might be deemed a crimen extraordinarium. The judge presiding over the case would then have the flexibility to impose a punishment that reflected the gravity of the insult to public order and religious sentiment, rather than applying a pre-set penalty from a specific statute.

• Example 3: A Complex Economic Conspiracy

  Suppose a group of merchants conspired to manipulate grain prices across multiple provinces, creating an artificial shortage that caused widespread hardship but did not involve simple theft or fraud as defined by the standard courts. This sophisticated economic crime, due to its novel nature and broad impact, might not have a specific quaestio perpetua designed to address it. It could be treated as a crimen extraordinarium, allowing the judge to craft a suitable punishment—such as heavy fines, confiscation of assets, or even banishment—that was proportionate to the harm caused, rather than being limited by a fixed penalty for a less complex offense.