The Legal Doctrine of Forgery and Fraud in Roman Criminal Law with Particular Emphasis on Counterfeiting

Hottó, István (2026) The Legal Doctrine of Forgery and Fraud in Roman Criminal Law with Particular Emphasis on Counterfeiting. STUDIA JURIDICA ET POLITICA JAURINENSIS, 13 (1). pp. 1-12. ISSN 2064-5902

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Abstract

This study examines the legal doctrine and historical development of forgery and fraud in Roman criminal law, with special emphasis on counterfeiting. It explores how falsum, initially a broad concept of deceit, gained clearer legal contours through the Lex Cornelia de falsis and later imperial legislation. Using doctrinal, historical, and comparative methods, the paper analyses offences such as testamentary falsification, forgery of official documents, and monetary counterfeiting. Particular attention is given to the transformation of counterfeiting from a property-related offence in the Republic into a crime of laesa maiestas under the Empire, reflecting the growing centralization of monetary sovereignty and imperial authority. The study argues that Roman criminal law treated falsification not only as a punishable act but also as a threat to public trust in legal and economic institutions. By examining classical sources, including the Digesta, the Collatio Legum Mosaicarum et Romanarum, and the writings of Ulpian and Paulus, the paper shows how Roman jurisprudence anticipated later European doctrines on state symbols, financial instruments, and deceit.

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