Keyword: ««prohibition of fire and water»»

The proposed paper is devoted to theoretical problem – the possibility of applying the death penalty and other penalties for crimes against public authorities by the example of Ancient Rome. The article deals with the interpretation of the structure of crimes against the Roman state during the periods of Republic and Empire («the insult of the Majesty of the Roman people») and punishment – from exile («the prohibition of fire and water») outside of the state to the death penalty. Exile were mainly used in the period of the Republic for the support of the enemies of Rome; a holiday on will of prisoners; desertion; preparation of murder of the official; attempts to diminish the greatness of the gods, the Senate, the removal of magistrates from office, reduce power people's tribune. The death penalty was administered mainly during the Empire the attempts of the conspiracy, insulting the head of the Roman state, support for the enemies of the Emperor. Often the use of the death penalty depended on the arbitrariness of the monarch where the subjects had no offence against the government. The mercy of animals during circus performances and crucifixion were special forms of the death penalty, because they contained a warning that rebellion against the state or its officials entails a painful death.