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Justinian I · The Digest of Justinian §48.18.16.pr-48.18.16.1

Repetition of Torture and Immunity of Confessed Persons

Passage 8375 of 9271 · Latin

Summary

Modestinus cites rescripts of the Divine Brothers stating that a torture-examination can be repeated, and of the Divine Pius stating that a person who has confessed about himself cannot be tortured in a capital charge against others.

[MODESTINUS libro tertio de poenis. ] §48.18.16.prRepeti posse quaestionem diui fratres rescripserunt.
[MODESTINUS, in the third book on Punishments.] The Divine Brothers replied by rescript that a torture-examination can be repeated.
§48.18.16.1Is, qui de se confessus est, in caput aliorum non torquebitur, ut diuus Pius rescripsit.
He who has confessed concerning himself shall not be tortured in a capital charge against others, as the Divine Pius replied by rescript.

Notes

  1. §48.18.16.prdiui fratres — The "Divine Brothers" (divi fratres) refers to the co-emperors Marcus Aurelius Antoninus and Lucius Verus.
  2. §48.18.16.1in caput aliorum — The prepositional phrase in caput does not refer to physical harm to the head, but rather in a legal context to "life, civil status, or capital charge" (causa capitalis). Thus, it means that a person cannot be tortured for the purpose of establishing a capital charge against others.

Cite this passage

Justinian I, The Digest of Justinian §48.18.16.pr-48.18.16.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.18.16.pr-48.18.16.1

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