[ULPIANUS libro octauo disputationum. ] §48.19.1.prQuotiens de delicto quaeritur, placuit non eam poenam subire quem debere, quam condicio eius admittit eo tempore, quo sententia de eo fertur, sed eam, quam sustineret, si eo tempore esset sententiam passus, cum deliquisset.
[ULPIANUS from the eighth book of disputations] Whenever a crime is investigated, it has been decided that a person ought to undergo not that punishment which his status permits at the time when sentence is passed upon him, but that which he would have undergone if he had received sentence at the time when he committed the crime.
§48.19.1.1Proinde si seruus crimen commiserit, deinde libertatem consecutus dicetur, eam poenam sustinere debet, quam sustineret, si tunc sententiam passus fuisset, cum deliquisset.
Accordingly, if a slave should commit a crime and is subsequently said to have obtained his freedom, he ought to undergo that punishment which he would have undergone if he had received sentence at the time when he committed the crime.
§48.19.1.2Per contrarium quoque si in deteriorem condicionem fuerit redactus, eam poenam subire eum oportebit, quam sustineret, si in condicione priore durasset.
Conversely, also, if he should be reduced to a worse status, he will have to undergo that punishment which he would have undergone if he had remained in his prior status.
§48.19.1.3Generaliter placet, in legibus publicorum iudiciorum uel priuatorum criminum qui extra ordinem cognoscunt praefecti uel praesides ut eis, qui poenam pecuniariam egentes eludunt, coercitionem extraordinariam inducant.
Generally, it is agreed that in the laws of public trials or private crimes, prefects or governors who investigate outside the ordinary course of law may impose extraordinary coercion on those who, being destitute, evade a pecuniary penalty.