Humanitext Reader

Justinian I · The Digest of Justinian §48.1.6.pr

Jurisdiction over Pecuniary Matters upon Defendant's Death

Passage 8119 of 9271 · Latin

Summary

It rules that when a defendant dies and the punishment is extinguished, any pecuniary matter arising from the extinguished crime must be examined by the judge who has jurisdiction over pecuniary affairs.

[MARCIANUS libro quarto decimo institutionum. ] §48.1.6.prDefuncto eo, qui reus fuit criminis, et poena extincta in quacumque causa criminis extincti debet is cognoscere, cuius de pecuniaria re cognitio est.
[MARCIAN in the fourteenth book of Institutes.] When he who was the defendant of a crime has died, and the punishment has been extinguished, in any case of an extinguished crime, he must judge who has jurisdiction over the pecuniary matter.

Notes

  1. §48.1.6.prDefuncto eo... et poena extincta — This is an ablative absolute construction expressing condition or time ("when he... has died, and the punishment has been extinguished"). The pronoun eo is modified by the relative clause qui reus fuit criminis.
  2. §48.1.6.pris... cuius... cognitio est — The subject of the main clause is and the genitive relative pronoun cuius are separated. The phrase de pecuniaria re (concerning the pecuniary matter) modifies cognitio (jurisdiction), meaning "he, whose jurisdiction is over the pecuniary matter."

Cite this passage

Justinian I, The Digest of Justinian §48.1.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.1.6.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.