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Justinian I · The Digest of Justinian §48.13.8.pr-48.13.8.1

Theft from Public Mints and Imperial Mines

Passage 8319 of 9271 · Latin

Summary

This section defines illegal coining or theft of money by mint workers as public theft akin to embezzlement, and outlines punishments for stealing precious metals from imperial mines, assisting such thieves, or unlawfully melting gold.

[IDEM libro eodem. ] §48.13.8.prQui, cum in moneta publica operarentur, extrinsecus sibi signant pecuniam forma publica uel signatam furantur, hi non uidentur adulterinam monetam exercuisse, sed furtum publicae monetae fecisse, quod ad peculatus crimen accedit.
[By the same author, in the same book.] Those who, while working in the public mint, illegally coin money for themselves using the public die or steal money already coined, are not deemed to have committed the crime of counterfeiting money, but rather to have committed theft of public money, which class of offense approaches the crime of embezzlement.
§48.13.8.1Si quis ex metallis Caesarianis aurum argentumue furatus fuerit, ex edicto diui Pii exilio uel metallo, prout dignitas personae, punitur.
If anyone steals gold or silver from the imperial mines, he is punished, according to the edict of the Divine Pius, by exile or by the mines, depending on the status of his person.
is autem, qui furanti sinum praebuit, perinde habetur, atque si manifesti furti condemnatus esset, et famosus efficitur.
On the other hand, he who has offered his pocket to the thief is treated in the same manner as if he had been convicted of manifest theft, and is rendered infamous.
qui autem aurum ex metallo habuerit illicite et conflauerit, in quadruplum condemnatur.
Furthermore, he who has unlawfully possessed gold from a mine and melted it down is condemned to four times the value.

Notes

  1. §48.13.8.praccedit — The verb accedit here means "approaches" or "is analogous to," indicating that the theft of public money is treated as an offense of a similar nature to embezzlement (peculatus).
  2. §48.13.8.1sinum praebuit — Literally "offered one's pocket (the fold of a garment)," this is a figurative expression meaning to provide a hiding place for stolen goods, thereby assisting in the theft or harboring.
  3. §48.13.8.1perinde habetur, atque si — A comparative construction meaning "is treated in exactly the same way as if," taking the pluperfect subjunctive condemnatus esset to express a hypothetical condition.

Cite this passage

Justinian I, The Digest of Justinian §48.13.8.pr-48.13.8.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.13.8.pr-48.13.8.1

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