Carcer Enim Ad Continendos Non Puniendos Haberi Debetur

• Author: Bogdan David
• Position: Assistant Professor, PhD, 'Dimitrie Cantemir' University of Bucharest, Romania
• Pages: 48-57

ACTA UNIVERSITATIS DANUBIUS Vol. 11, no. 3/2015

50

Carcer Enim Ad Continendos

Non Puniendos Haberi Debetur

Bogdan DAVID

1

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.

1

1

Assistant Professor, PhD, “Dimitrie Cantemir” University of Bucharest, Romania. Address: 176

Splaiul Unirii, Bucharest 030134, Romania, Tel.: +4021 330 8931. Corresponding author:

asr.bogdan@yahoo.ro.

AUDJ, vol. 11, no. 3/2015, pp. 50-59