Woman as a Subject of Crime in Ukraine (the Second Half of the 14th – the First Half of the 17th Century)

The article deals with peculiarities of criminal liability for women who committed crimes in Ukraine the second half of the 14^th – first half of the 17^th century depending on the level of social danger. Attention has been focused on the main definitions and legal constructions of criminal law during mentioned period of time.

The main sources of criminal law were a custom, statutory county certificates (privileges), Casimir’s Code of 1468 as well as Lithuanian Statute of 1529, 1566 and 1588. 

It has been identified that in the second part of the 14^th – 15^th centuries a woman irrespective of her social and family background were subjects to criminal liability from the age of seven (eight) years. In the 16^th – the first part of the 17^th century this age was thirteen years. The age was increased due to the development of humane views in Ukrainian society. 

It has been established that during researched period of time the principle of individual criminal liability developed and was enshrined in legislation. A woman was not a special subject to crime and punishment did not depend on the sex of a criminal. At the same time, the Statute emphasizes on specific “female crimes” such as murder of relatives, adultery, cheating through escaping with another man, matchmaking and prostitution. Those crimes were grievous and punished severely mostly by death penalty. 

It has been found out that before the Statute was adopted criminal liability of women of all classes had been the same. But in the 16^th the first half of the 17^th century the punishment depended on the social background of a woman. Punishments for the same crimes were more severe for women of lower classes.