[IDEM libro quinto ad edictum. ] §50.17.109.prNullum crimen patitur is, qui non prohibet, cum prohibere potest.
[THE SAME in the fifth book on the edict.] He who does not prevent [an act], when he is able to prevent it, incurs no guilt.
Justinian I · The Digest of Justinian §50.17.109.pr
Absence of Guilt in Failing to Prevent an Act
Summary
States the legal principle that a person who does not prevent an act, even when having the power to do so, does not thereby commit a crime or incur liability.
Notes
- §50.17.109.prIDEM — Refers to the author of the preceding fragment (§50.17.108.pr), namely Paulus.
- §50.17.109.prcum prohibere potest — The conjunction cum takes the indicative present potest, expressing either time ('when he can') or a factual concession ('although he can').
- §50.17.109.prcrimen patitur — Literally 'suffers or admits a crime', meaning that one is held legally responsible for, or considered a party to, a crime by failing to prevent it.
Cite this passage
Justinian I, The Digest of Justinian §50.17.109.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.109.pr
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