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Justinian I · The Digest of Justinian §49.5.2.pr

Appeals Before Final Sentence Against Orders of Torture

Passage 8503 of 9271 · Latin

Summary

Explains the exceptional situations where an appeal can be made before the final sentence, namely when a judge decrees an examination under torture in a civil case, or does so illegally in a criminal case.

[SCAEUOLA libro quarto regularum. ] §49.5.2.prAnte sententiam appellari potest, si quaestionem in ciuili negotio habendam iudex interlocutus sit, uel in criminali, si contra leges hoc faciat.
[SCAEVOLA, Rules, Book 4] An appeal can be made before the sentence, if the judge has issued an interlocutory decree that an examination under torture is to be held in a civil case, or in a criminal case, if he does this contrary to the laws.

Notes

  1. §49.5.2.prappellari potest — The passive infinitive `appellari` of the verb `appellare` (to appeal) is used impersonally with `potest` (it is possible), meaning "an appeal can be made."
  2. §49.5.2.prquaestionem — Here `quaestio` refers specifically to "examination under torture" (primarily of slaves) in Roman law, rather than a general inquiry. Since this was generally prohibited in civil cases, an interlocutory decree ordering it allowed for an immediate appeal before the final sentence.
  3. §49.5.2.printerlocutus sit — The perfect subjunctive of the deponent verb `interloquor` (to pronounce an interlocutory decision during a trial), used within the conditional `si` clause dependent on `potest`.

Cite this passage

Justinian I, The Digest of Justinian §49.5.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.5.2.pr

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