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Justinian I · The Digest of Justinian §22.5.23.pr

Prohibition on Recalling Previous Witnesses Against the Accused

Passage 3276 of 9271 · Latin

Summary

It states the rule that a person who has previously testified against a defendant cannot be produced as a witness.

[IDEM libro priore de iudiciis publicis. ] §22.5.23.prProducis testis is non potest, qui ante in eum reum testimonium dixit.
[The same author in the former book on public trials.] A person who has previously given testimony against that defendant cannot be produced as a witness.

Notes

  1. §22.5.23.prProducis — This is considered a scribal error or variant for produci (the present passive infinitive of produco, 'to produce, bring forward'), forming the construction is non potest produci ('he cannot be produced').
  2. §22.5.23.prtestis — A nominative singular noun functioning as a predicate nominative ('as a witness') in agreement with is, which is the subject of the passive infinitive.
  3. §22.5.23.prin eum reum — The preposition in followed by the accusative expresses hostile direction or opposition, meaning 'against that defendant'.

Cite this passage

Justinian I, The Digest of Justinian §22.5.23.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:22.5.23.pr

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