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Justinian I · The Digest of Justinian §48.3.13.pr

Penalties for Conspiring to Escape Prison and Leniency for Informants

Passage 8162 of 9271 · Latin

Summary

Callistratus states that those who conspire to escape from prison must face heavier punishment even if found innocent of their original crime, while those who reveal such conspiracies should have their punishment mitigated.

[IDEM libro sexto de cognitionibus. ] §48.3.13.prIn eos, qui, cum recepti essent in carcerem, conspirauerint, ut ruptis uinculis et effracto carcere euadant, amplius, quam causa ex qua recepti sunt reposcit, constituendum est quamuis innocentes inueniantur ex eo crimine, propter quod inpacti sunt in carcere, tamen puniendi sunt: eos uero, qui conspirationem eorum detexerint, releuandos.
[BY THE SAME AUTHOR, On Extra-ordinary Proceedings, book 6] Against those who, having been received into prison, have conspired to escape by breaking their bonds and breaking out of the prison, a heavier penalty must be decreed than that which the cause for which they were received requires; even though they are found innocent of the crime for which they were thrown into prison, they must nevertheless be punished; but those who have revealed their conspiracy should be relieved.

Notes

  1. §48.3.13.prIn eos ... constituendum est — The prepositional phrase 'In eos' (against those) depends on the impersonal passive gerundive construction 'constituendum est' (it must be decided). Here, 'in' with the accusative denotes the target of punishment.
  2. §48.3.13.prreleuandos — An accusative-with-infinitive construction (predicative gerundive) with 'esse' omitted after 'releuandos', sharing the subject 'eos'. It functions as a statement of obligation ('they should be relieved'), depending implicitly on the leading legal decision verb 'constituendum est' or expressing a general jussive sense.

Cite this passage

Justinian I, The Digest of Justinian §48.3.13.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.3.13.pr

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