ISSN 2413-5372, Certificate of state re-registration of КВ №25381-15321 ПР dated 01.07.2023.

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SCIENTIFIC - PRACTICAL JOURNAL "HERALD OF CRIMINAL JUSTICE"

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Stratification and Legal Analysis of Crimes against Faith in the Byzantine Empire

Pages: 135-140
Year: 2017
Location: Pravova Ednist Ltd

Review

The paper addresses the issue of the legal analysis of crimes against the Christian faith, which are provided for by the law of the Byzantine Empire. Basing on the contents of the primary sources of law of the Roman and Byzantine Empires, namely the Theodosian Code, the Code of Justinian, the Eclogues, Prokhiron, the Epanagoge, the Basilica, the Nomocanon, certain types of canonical offences have been analyzed and classified into nine separate groups.

Under the provisions of the Theodosian Code, acts aimed at violating the rules of the Orthodox doctrine and the church order, approved by The First Council of Nicaea were considered crimes against faith. One of the main types of this category of crimes was the belonging to prohibited non-Christian religions, i.e. to Paganism, Judaism, Manichaeism and Samaritaism.

Close, yet another type of crime against faith is apostasy - the renunciation of Christian dogmas and practice of prohibited religions after the sacrament of Holy Baptism.

The third group of crimes against faith, pursued by the Byzantine law, includes heresy, i.e. spreading of theological ideas that contradict the principles of the church order and church canons approved by the Ecumenical Councils.

Under the provisions of Roman-Byzantine law, contempt of worship, i.e. actions aimed at breaking into the church and dishonoring its clergy, unauthorized interference in the worship service or its stopping, desecration of any religious rite, was considered to be a crime.

The next type of crime against faith is defined as blasphemy, i.e. the desecration of the grave or other burial place, namely actions aimed at damaging the body of the deceased, destroying or robbing tombs etc.

The sixth group of crimes against faith includes witchcraft, which implied the knowledge and ability to use the forces of nature to achieve any goal.

Sacrilege is the act, aimed at stealing church property. Stealing the church altar was qualified as aggravating circumstances of a crime. These acts are classified as the seventh group of crimes against faith.

The last types of crimes include violations or swearing a false oath and blasphemy, i.e saying shameful and humiliating words against God, the Mother of God, the Saints or the Christian faith.

The changes in the imperial laws that determined the extent of the state prosecution for the specified crimes against the Christian faith have been analyzed.

Keywords: crimes against faith, canonical offence, sources of canon law, the Byzantine Empire. 

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