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Justinian I · The Digest of Justinian §48.9.6.pr

Punishment of Accomplices and Outsiders to Parricide

Passage 8262 of 9271 · Latin

Summary

This section discusses whether the penalty for parricide applies only to the actual killers of their parents or also to their accomplices, citing Maecianus' view that even accomplices who are family outsiders must face the same punishment.

[ULPIANUS libro octauo de officio proconsulis. ] §48.9.6.prUtrum qui occiderunt parentes an etiam conscii poena parricidii adficiantur, quaeri potest.
[ULPIANUS, On the Office of Proconsul, Book 8] It may be asked whether only those who have killed their parents, or also their accomplices, are to be punished with the penalty for parricide.
et ait Maecianus etiam conscios eadem poena adficiendos, non solum parricidas.
And Maecianus says that not only the parricides but also their accomplices are to be punished with the same penalty.
proinde conscii etiam extranei eadem poena adficiendi sunt.
Accordingly, accomplices who are outsiders must also be punished with the same penalty.

Notes

  1. §48.9.6.prUtrum... an... — Correlative conjunctions introducing a double indirect question. "Utrum" implicitly carries the contrastive meaning "whether only those who killed..." against "an etiam conscii" (or also their accomplices).
  2. §48.9.6.pretiam conscios... adficiendos — An accusative with infinitive (A.C.I.) construction using the gerundive (adficiendos) with "esse" omitted. It functions as the object of the main verb "ait", expressing necessity or obligation ("must be punished").
  3. §48.9.6.prextranei — A legal term referring to "outsiders" or "strangers" who do not belong to the family or household. Since parricide (parricidium) originally concerned crimes within the family, this specifies that even accomplices without family ties must face the same penalty.

Cite this passage

Justinian I, The Digest of Justinian §48.9.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.9.6.pr

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