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Justinian I · The Digest of Justinian §48.16.4.pr-48.16.4.1

Exemption of Abandoning Women and Ban on Renewing Accusation

Passage 8339 of 9271 · Latin

Summary

It stipulates that a woman who abandons a forgery accusation regarding her own injury after giving notice is not liable under the Turpilian Senatusconsultum, and that a charge cannot be renewed by the same accuser against the same defendant after abolition.

[Papinianus libro quinto decimo responsorum. ] §48.16.4.prMulier, quae falsi crimen iniuriae propriae post interpositam denuntiationem desistens omisit, ex senatus consulto Turpilliano teneri non uidetur.
[Papinianus, Responses, Book XV.] A woman who, after having served a notice, abandons and drops the accusation of the crime of forgery regarding an injury to herself, is not considered to be held liable under the Turpilian Senatusconsultum.
§48.16.4.1Post abolitionem idem crimen ab eodem in eundem instaurari non potest.
After the abolition of an accusation, the same charge cannot be renewed by the same person against the same defendant.

Notes

  1. §48.16.4.prfalsi crimen iniuriae propriae — falsi (of forgery) modifies crimen (crime) to form "the crime of forgery," while iniuriae propriae (of her own injury) is an objective or explanatory genitive indicating that the forgery charge relates to a wrong suffered by herself.
  2. §48.16.4.prteneri non uidetur — uidetur is used in a personal construction with the nominative and infinitive (rather than an accusative with infinitive), where the subject mulier also serves as the subject of the passive infinitive teneri (to be held liable), meaning "she is not considered to be held liable."
  3. §48.16.4.1abolitionem — abolitio (abolition, striking off) refers to the formal withdrawal or extinguishment of a criminal accusation in Roman legal procedure.

Cite this passage

Justinian I, The Digest of Justinian §48.16.4.pr-48.16.4.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.16.4.pr-48.16.4.1

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