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Justinian I · The Digest of Justinian §48.16.6.pr-48.16.6.4

Grounds for Abandoning Accusation and Calumny

Passage 8341 of 9271 · Latin

Summary

This chunk defines the conditions under which an accusation is deemed abandoned (compromise negotiations, subjective intent, or failure to prosecute within the time limit), the duty of informers to back their disclosures, and the punishment of calumny for presenting false evidence to defraud others.

[Idem libro primo sententiarum. ] §48.16.6.prAb accusatione destitit, qui cum aduersario suo de compositione eius criminis quod intendebat fuerit locutus.
[The same, Opinions, Book I.] A person who has spoken with his adversary about a compromise concerning the crime which he was intending to prosecute has abandoned the accusation.
§48.16.6.1Animo ab accusatione destitit, qui affectum et animum accusandi deposuit.
A person who has laid aside the desire and intention of accusing has abandoned the accusation in his mind.
§48.16.6.2Destitisse uidetur, qui intra praefinitum accusationis a praeside tempus reum suum non peregit.
A person who has not prosecuted his accused to the end within the time for the accusation pre-established by the governor is deemed to have abandoned it.
§48.16.6.3Nuntiatores, qui per notoriam indicia produnt, notoriis suis adsistere iubentur.
Informers who reveal evidence through a public information are ordered to stand by their informations.
§48.16.6.4Calumniae causa puniuntur, qui in fraudem alicuius librum uel testimonium aliudue quid conquisisse uel scripsisse uel in iudicium protulisse dicuntur.
Those who are said to have searched for, or written, or produced in court a book or testimony or anything else to the defraud of anyone, are punished for calumny.

Notes

  1. §48.16.6.1Animo — Ablative singular of the noun animus (mind, intention, subjectivity), here expressing a point of view or manner ('in intention' or 'subjectively'). It contrasts with objective acts (re).
  2. §48.16.6.2Destitisse uidetur — The passive form of uideo, uidetur, functions here in a personal construction ('is deemed' or 'seems to have'), where the subject is the entire relative clause qui ... non peregit (with the antecedent is omitted). destitisse is the perfect active infinitive of destito, representing an action prior to the main verb's tense (present).
  3. §48.16.6.3notoriis suis adsistere — The compound verb adsistere (to stand by, assist, support in court) governs the dative case; hence, notoriis suis is in the dative neuter plural ('their own public informations').

Cite this passage

Justinian I, The Digest of Justinian §48.16.6.pr-48.16.6.4. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.16.6.pr-48.16.6.4

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