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Justinian I · The Digest of Justinian §48.16.17.pr

Inapplicability of General Dismissal to Forgery Charges

Passage 8352 of 9271 · Latin

Summary

In response to whether an accuser of forgery who failed to re-prosecute after a clemency extinguished the case faces sanctions under the Turpilian senatusconsultum, Modestinus replies that general dismissal does not apply to forgery.

[MODESTINUS libro septimo decimo responsorum. ] §48.16.17.prLucius Titius Seium reum falsi fecit et priusquam persequeretur, indulgentia reorum crimina abolita sunt.
[Modestinus, Responsa, Book 17.] Lucius Titius accused Seius of forgery, and before he could prosecute the case, the crimes of the defendants were extinguished by an imperial clemency.
quaero, si postea eum iterato reum non fecerit, an in Turpillianum senatus consultum inciderit.
I ask whether, if he did not accuse him again afterwards, he falls under the Turpilian senatusconsultum.
Herennius Modestinus respondit abolitionem reorum, quae publice indulgetur, ad hoc genus criminis non pertinere.
Herennius Modestinus replied that the dismissal of charges against defendants, which is publicly granted, does not apply to this class of crime.

Notes

  1. §48.16.17.prpriusquam persequeretur — The imperfect subjunctive is used. The subject is not explicitly stated but is understood as Lucius Titius from the context. The subjunctive with priusquam indicates that the event in the main clause (extinction of charges) occurred before the action of prosecuting could actually be completed.
  2. §48.16.17.pran in Turpillianum senatus consultum inciderit — An indirect question clause introduced by the interrogative particle an, with the verb inciderit in the perfect subjunctive. This follows the sequence of tenses dependent on the main verb quaero (present tense), representing an action prior to the main clause or substituting for a future perfect in a conditional structure.

Cite this passage

Justinian I, The Digest of Justinian §48.16.17.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.16.17.pr

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