Between Custom and Sanction: Theft in the Vinodol Code and the Poljica Statute

This paper addresses the regulation of theft as an illicit act in two major medieval Croatian legal monuments: the Vinodol Code (1288) and the Statute of Poljica. Rather than offering a systematic comparison of legal systems, the study concentrates on the legal nature, normative structure, and penal treatment of theft within these statutory frameworks, situating the offence in its broader social and institutional context. The central premise is that, although medieval law did not articulate theft through modern criminal-law categories, both statutes treated it as conduct attracting distinctly criminal sanctions rather than as a purely civil wrong. Attention is directed to the criteria shaping liability and punishment, including the manner of commission, the value of the stolen property, the status of the parties, and the communal or territorial context of the offence. In the Vinodol Code, theft is predominantly addressed through graded pecuniary sanctions and restitution, reflecting a compensatory model. By contrast, the Statute of Poljica adopts a markedly stricter penal regime, frequently prescribing corporal punishment, capital sanctions, and social exclusion, thereby emphasizing deterrence and collective self-protection within a customary legal order. Both legal monuments place considerable emphasis on communal participation in adjudication, including compurgation and character-based proof, illustrating a legal culture in which property offences were regulated through collective responsibility and social control. While certain conceptual parallels with Roman law may be observed, the regulation of theft in both texts is primarily rooted in native legal traditions shaped by local social structures and customary norms. The paper situates theft as a key indicator of the criminal dimension of medieval Croatian statutory law and its role in preserving social order and communal cohesion.