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Justinian I · The Digest of Justinian §48.13.16.pr

Prosecution of Heirs for Embezzlement and Money Recovery

Passage 8327 of 9271 · Latin

Summary

Papinianus discusses why public prosecutions for embezzlement, residues, and extortion can likewise be brought against the heir, arguing that the primary issue in these cases concerns the recovery of the taken money.

[PAPINIANUS libro trigensimo sexto quaestionum. ] §48.13.16.prPublica iudicia peculatus et de residuis et repetundarum similiter aduersus heredem exercentur, nec inmerito, cum in his quaestio principalis ablatae pecuniae moueatur.
[PAPINIANUS, Questions, Book XXXVI.] Public prosecutions for embezzlement, for residues, and for extortion are likewise directed against the heir, and not without reason, since in these cases the principal inquiry is set in motion concerning the money that was taken.

Notes

  1. §48.13.16.prpeculatus et de residuis et repetundarum — Different grammatical structures (the genitive nouns "peculatus" and "repetundarum", and the prepositional phrase "de residuis") are coordinated to modify the subject "publica iudicia" (public prosecutions). These refer to specific public actions under Roman law for fiscal offences (embezzlement, retaining residues, and extortion).
  2. §48.13.16.prablatae pecuniae — This functions as an objective genitive dependent on the noun "quaestio" (inquiry, investigation), meaning "the inquiry concerning the money that was taken." While personal criminal liability is not transmissible to heirs, this genitive dependency underscores the restitutionary nature of the action, which allows it to be brought against the heir.

Cite this passage

Justinian I, The Digest of Justinian §48.13.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.13.16.pr

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