Carcer Enim Ad Continendos Non Puniendos Haberi Debetur

AuthorBogdan David
PositionAssistant Professor, PhD, 'Dimitrie Cantemir' University of Bucharest, Romania
Carcer Enim Ad Continendos
Non Puniendos Haberi Debetur
Bogdan DAVID
Abstract: In this paper, we attempt to highlight the condition of prison, as well as the purpose for
applying preventive measures involving deprivation of liberty and punishment, in a historical
exploration of this institution of criminal law and procedural law. This study aims at revealing,
alongside this historic exploration of the evolution of the punishment system within the criminal
process, additional elements which, even though regulated since ancient times, can still be found in
the current criminal and procedural regulations.
Keywords: punishment; incarceration; prison; historical development; criminal principles
1. Preliminary Issues
Ulpian’s famous words are widely known: “carcer enim ad continendos non
puniendos haberi debetur”, meaning that prison ought to be employed for confining
men, not for punishing them.
The criminality phenomenon is inherent to every society, and the fight carried out
by the legal authorities, regardless of their attributions or name, against this
phenomenon can be easily identified with the evolution of the society itself. In
time, different concepts have taken shape about the role, justification and
individualisation of punishment with respect to those that came into conflict with
those social values that had to be protected. Thus, different criminal doctrines
emerged, starting with the classical school of thought that left its mark on the
evolution of the criminal policy.
Assistant Professor, PhD, “Dimitrie Cantemir” University of Bucharest, Romania. Address: 176
Splaiul Unirii, Bucharest 030134, Romania, Tel.: +4021 330 8931. Corresponding author:
AUDJ, vol. 11, no. 3/2015, pp. 50-59

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