{"title":"萨珊波斯的刑事司法","authors":"J. Jany","doi":"10.2143/IA.42.0.2017881","DOIUrl":null,"url":null,"abstract":"Sasanian criminal law had at least three different functions : to protect the political interest of the state and the ruling elite, to maintain Zoroastrianism as the official religion of the kingdom, and to protect the society against criminal. Crimes were classified into various categories and sub-categories on which penalties of individual delicts were depending. According to the theory of punishment elaborated by the sages and jurisconsults, the aim of the penalty was to save the soul of the perpetrator from the consequences of his crime. In criminal procedure law Zoroastrian clergy played a decisive role, at least in proceedings against heretics and members of religious minorities. Capital punishments were imposed by crucifixion, beheading with the sword, burning, stoning and other crucial methods of execution. Albeit existing, prisons served only as preventive detention. Prisoners could be released on bail ; bribery, however, was also an effective means to escape punishment.","PeriodicalId":43366,"journal":{"name":"Iranica Antiqua","volume":"42 1","pages":"347-386"},"PeriodicalIF":0.2000,"publicationDate":"2007-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2143/IA.42.0.2017881","citationCount":"9","resultStr":"{\"title\":\"Criminal justice in sasanian persia\",\"authors\":\"J. Jany\",\"doi\":\"10.2143/IA.42.0.2017881\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Sasanian criminal law had at least three different functions : to protect the political interest of the state and the ruling elite, to maintain Zoroastrianism as the official religion of the kingdom, and to protect the society against criminal. Crimes were classified into various categories and sub-categories on which penalties of individual delicts were depending. According to the theory of punishment elaborated by the sages and jurisconsults, the aim of the penalty was to save the soul of the perpetrator from the consequences of his crime. In criminal procedure law Zoroastrian clergy played a decisive role, at least in proceedings against heretics and members of religious minorities. Capital punishments were imposed by crucifixion, beheading with the sword, burning, stoning and other crucial methods of execution. Albeit existing, prisons served only as preventive detention. Prisoners could be released on bail ; bribery, however, was also an effective means to escape punishment.\",\"PeriodicalId\":43366,\"journal\":{\"name\":\"Iranica Antiqua\",\"volume\":\"42 1\",\"pages\":\"347-386\"},\"PeriodicalIF\":0.2000,\"publicationDate\":\"2007-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.2143/IA.42.0.2017881\",\"citationCount\":\"9\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Iranica Antiqua\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.2143/IA.42.0.2017881\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"0\",\"JCRName\":\"ARCHAEOLOGY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Iranica Antiqua","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2143/IA.42.0.2017881","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"0","JCRName":"ARCHAEOLOGY","Score":null,"Total":0}
Sasanian criminal law had at least three different functions : to protect the political interest of the state and the ruling elite, to maintain Zoroastrianism as the official religion of the kingdom, and to protect the society against criminal. Crimes were classified into various categories and sub-categories on which penalties of individual delicts were depending. According to the theory of punishment elaborated by the sages and jurisconsults, the aim of the penalty was to save the soul of the perpetrator from the consequences of his crime. In criminal procedure law Zoroastrian clergy played a decisive role, at least in proceedings against heretics and members of religious minorities. Capital punishments were imposed by crucifixion, beheading with the sword, burning, stoning and other crucial methods of execution. Albeit existing, prisons served only as preventive detention. Prisoners could be released on bail ; bribery, however, was also an effective means to escape punishment.
期刊介绍:
Iranica Antiqua is one of the leading scholarly journals covering studies on the civilization of pre-Islamic Iran in its broadest sense. This annual publication, edited by the Department for Near Eastern Art and Archaeology at Gent University, Belgium, contains preliminary excavation reports, contributions on archaeological problems, studies on different aspects of history, institutions, religion, epigraphy, numismatics and history of art of ancient Iran, as well as on cultural exchanges and relations between Iran and its neighbours.