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Justinian I · The Digest of Justinian §48.4.11.pr

Extinction of Charges by Death and Treason Exception

Passage 8174 of 9271 · Latin

Summary

This section explains the general principle that a criminal charge is extinguished by the defendant's death, but notes an exception for high treason (perduellio), where the estate is confiscated unless the heirs clear the deceased's name.

[ULPIANUS libro octauo disputationum. ] §48.4.11.prIs, qui in reatu decedit, integri status decedit: extinguitur enim crimen mortalitate.
[ULPIAN, Book 8 of Disputations] A person who dies while under accusation dies in possession of unimpaired status; for a crime is extinguished by death.
nisi forte quis maiestatis reus fuit: nam hoc crimine nisi a successoribus purgetur, hereditas fisco uindicatur.
This is unless, perhaps, someone was accused of treason; for in this crime, unless he is cleared by his successors, his inheritance is claimed for the imperial treasury.
plane non quisque legis Iuliae maiestatis reus est, in eadem condicione est, sed qui perduellionis reus est, hostili animo aduersus rem publicam uel principem animatus: ceterum si quis ex alia causa legis Iuliae maiestatis reus sit, morte crimine liberatur.
Obviously, not everyone who is accused under the Lex Julia on treason is in the same condition, but only one who is accused of high treason, being animated by a hostile spirit toward the state or the emperor; for the rest, if anyone is accused under the Lex Julia on treason for any other reason, he is released from the crime by death.

Notes

  1. §48.4.11.printegri status — Genitive of quality or description, indicating that the person's legal status (civic rights and reputation) remained unimpaired at the time of their death.
  2. §48.4.11.prnisi a successoribus purgetur — Using the subjunctive present passive purgetur, this phrase expresses the condition that unless the heirs (successores) defend and clear the deceased's name, the inheritance will be confiscated.
  3. §48.4.11.prnon quisque — Forms a partial negation ("not everyone..."), introducing a crucial distinction that not all defendants under the Lex Julia on treason face post-mortem confiscation, but only those accused of high treason (perduellio) characterized by a hostile intent (hostilis animus) against the state or emperor.

Cite this passage

Justinian I, The Digest of Justinian §48.4.11.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.4.11.pr

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