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Justinian I · The Digest of Justinian §48.2.22.pr

Jurisdiction of the Crime Scene and Its Military Scope

Passage 8149 of 9271 · Latin

Summary

It states the rule that a defendant from another province, as well as a soldier, is to be tried and condemned in the place where the crime was committed, as confirmed by imperial rescripts.

[IDEM libro sexto decimo responsorum. ] §48.2.22.prAlterius prouinciae reus apud eos accusatur et damnatur, apud quos crimen contractum ostenditur.
[THE SAME, Responsa, Book 16]\n\nA defendant from another province is accused and condemned before those in whose jurisdiction it is shown that the crime was committed.
quod etiam in militibus esse obseruandum optimi principes nostri generaliter rescripserunt.
Our most excellent emperors have issued a general rescript that this rule must also be observed in the case of soldiers.

Notes

  1. §48.2.22.prapud eos... apud quos — The antecedent eos corresponds to quos (masculine plural) in the relative clause, referring to the magistrates or officials having jurisdiction over the place where the crime was committed.
  2. §48.2.22.prcrimen contractum ostenditur — contractum is the perfect passive participle of contraho (to commit). Here, based on the legal idiom crimen contrahere (to commit a crime), it either modifies the subject crimen or forms a nominative-with-infinitive construction (with omitted esse) with ostenditur, meaning "it is shown that the crime was committed."
  3. §48.2.22.prquod etiam in militibus esse obseruandum... — The relative pronoun quod at the beginning of the sentence is a relative connection referring back to the rule stated in the preceding sentence. It functions as the accusative subject of the accusative-with-infinitive (AcI) construction dependent on rescripserunt, agreeing with the gerundive obseruandum [esse].

Cite this passage

Justinian I, The Digest of Justinian §48.2.22.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.2.22.pr

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