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Justinian I · The Digest of Justinian §48.1.3.pr

Public Accusation After the Death of the Accused

Passage 8116 of 9271 · Latin

Summary

It stipulates that a public accusation is permitted even if the male or female accused has already died.

[ULPIANUS libro trigensimo quinto ad Sabinum. ] §48.1.3.prPublica accusatio reo uel rea ante defunctis permittitur.
[ULPIANUS in the thirty-fifth book on Sabinus.] A public accusation is permitted even if the male or female accused has died beforehand.

Notes

  1. §48.1.3.prreo uel rea ... defunctis — Although the singular nouns reo (masculine) and rea (feminine) are connected by the conjunction uel (or), the participle defunctis is in the plural form. This plural agreement occurs because the rule logically applies to either gender. This phrase can be interpreted either as a dative dependent on permittitur ("is permitted for/against the accused...") or as an ablative absolute ("even though the accused has died beforehand"), yielding the same practical meaning.

Cite this passage

Justinian I, The Digest of Justinian §48.1.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.1.3.pr

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