Justinian I · The Digest of Justinian §48.3.3.pr

Restrictions and Exceptions on Imprisoning Defendants with Sureties

Passage 8152 of 9271 · Latin

Summary

Indicates that the Divine Pius, in a rescript to the Antiochians, ruled that a person who can provide sureties should not be imprisoned, except in cases of extremely serious crimes.

[ULPIANUS libro septimo de officio proconsulis. ] §48.3.3.prDiuus Pius ad epistulam Antiochensium Graece rescripsit non esse in uincula coiciendum eum, qui fideiussores dare paratus est, nisi si tam graue scelus admisisse eum constet, ut neque fideiussoribus neque militibus committi debeat, uerum hanc ipsam carceris poenam ante supplicium sustinere.

[ULPIANUS, On the Office of Proconsul, Book 7] The Divine Pius wrote back in Greek to a letter of the Antiochians that a person who is ready to provide sureties should not be cast into prison, unless it is established that he has committed so serious a crime that he ought not to be entrusted either to sureties or to soldiers, but rather must endure this very punishment of prison before his execution.

Notes

§48.3.3.pruerum hanc ipsam carceris poenam ante supplicium sustinere — The infinitive 'sustinere' is best understood as depending on 'debeat' within the result clause, standing in contrast with the passive infinitive 'committi' (with 'eum' as its subject). If it were coordinated directly with the main accusative and infinitive 'non esse... coiciendum', it would create a logical contradiction ('he should not be imprisoned, but rather endure the punishment of prison'). This phrase reflects the idea that pre-trial detention itself is virtually equivalent to a punishment (poena).

Cite this passage

Justinian I, The Digest of Justinian §48.3.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.3.3.pr

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.