Humanitext Reader

Justinian I · The Digest of Justinian §48.16.7.pr-48.16.7.1

Resuming Prosecution after Abolition and Penalties for Abandonment

Passage 8342 of 9271 · Latin

Summary

Ulpianus explains the restriction on raising objections when resuming a prosecution after a public abolition, and discusses the penal exemptions for abandoning charges of stellionate, pillaging of inheritance, theft, or injury.

[Ulpianus libro octauo disputationum. ] §48.16.7.prSi quis repetere uelit crimen publica abolitione interueniente, eo iure repetit, quo accusabat: neque enim possunt praescriptiones ei obici, quae ante reorum abolitionem non sunt obiectae.
[Ulpianus, Disputations, Book VIII.] If anyone wishes to resume the prosecution of a crime after a public abolition has intervened, he resumes it with the same legal standing as that under which he was accusing; for objections cannot be raised against him which were not raised before the abolition of the accused.
et ita diuus Hadrianus rescripsit.
And the Divine Hadrian replied by rescript to this effect.
§48.16.7.1Si stellionatum quis obiecerit uel expilatae hereditatis crimen et destitit, poenam senatus consulti Turpilliani non subibit, nec si furti uel iniuriarum: sed officio iudicis culpa eius coercebitur.
If anyone has charged someone with stellionate or the crime of pillaging an inheritance and has abandoned the accusation, he shall not undergo the penalty of the Senatus Consultum Turpillianum, nor shall he if the charge was theft or injury; but his fault shall be punished by the office of the judge.

Notes

  1. §48.16.7.prpublica abolitione interueniente — Aablative absolute consisting of the noun abolitio and the present participle interueniente, expressing temporal or circumstantial background ('after a public abolition has intervened'). In Roman law, abolitio publica refers to the general annulment or dismissal of pending public prosecutions, often granted on public occasions or by imperial indulgence.
  2. §48.16.7.preo iure repetit, quo accusabat — A correlative construction where quo introduces a relative clause modifying eo iure, with iure being understood in the relative clause. It means 'he resumes the prosecution with the same legal standing under which he was previously accusing.' The imperfect accusabat refers to the continuous state of prosecution prior to the abolition.
  3. §48.16.7.1nec si furti uel iniuriarum — An elliptical conditional clause. The verb and noun from the preceding clause (si quis obiecerit crimen) are understood: 'nor [shall he undergo the penalty] if [he has charged someone with the crime] of theft or injury'. The genitives furti and iniuriarum depend on the implied noun crimen as genitives of definition.

Cite this passage

Justinian I, The Digest of Justinian §48.16.7.pr-48.16.7.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.16.7.pr-48.16.7.1

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.