ZASADA KONTRADYKTORYJNOŚCI W RZYMSKIM PROCESIE KARNYM
THE ADVERSARIAL PRINCIPLE IN THE ROMAN CRIMINAL PROCEDURE

Summary/Abstract: The adversarial principle was present in the Roman criminal procedure basically from thebeginning of its functioning. The criminal procedure was regarded already by the ancient Romansas a dispute between two opposite parties to the proceedings – the plaintiff and the defendant.In particular, the proceedings before quaestiones perpetuae had typically adversarial character.However, as it has been demonstrated, the adversarial principle was limited to some extent even inthis form of the proceedings. The adversarial character underwent a certain transformation in cognitioextra ordinem. In the new type of the criminal procedure, mostly the role of the court changed. Incognitio extra ordinem the court became a body actively participating in the criminal proceedings,equipped with the instruments aimed to implement the rule of material truth. Despite the fact thatthe adversarial principle was brought under control of the judge who adjudicated on a given case, itremained one of the main principles of the Roman criminal procedure.

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