1. CRIMINAL PROCEEDINGS
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BOOK FORTY-EIGHT 1 CRIMINAL PROCEEDINGS 1 M A c m , Criminal Proceedings, book 1: Not all trials in which an offense is concerned are public criminal trials, but only those which arise from the statutes on criminal proceedings, such as the lex Julia on treason, the lex Julia on adultery, the lex Cornelia on murderers and poisoners, the lex Pompeia on parricide, the lex Julia on embezzlement, the lex Cornelia on wills, the leges Juliae on vis privata and vis publica, the lex Julia on electoral corruption, the lex Julia on extortion, and the lex Julia on the corn dole. 2 PAUL,Praetor's Edict, book 15: Some criminal proceedings are capital while others are not. Capital [proceedings] are those where the penalty is death or exile, which here means interdiction from fire and water, because by these penalties civil status is taken away. Other [sentences] are not properly referred to as exile but as relegation; for in them citizenship is retained. Noncapital [proceedings] are those where the penalty is a fine or some form of corporal punishment. 3 ULPIAN,Sabinus, book 35: A public accusation lapses, should the person charged, male or female, die beforehand. 4 PAUL,Edict, book 37: It sometimes happens that there may be a preliminary inquiry by means of a private action before a criminal trial, such as an Aquilian action, an action for theft or for the removal of goods by force, or an interdict against force or for the production of a will; for in these cases matters concerning the familia are at issue. 5 ULPIAN,Disputations, book 8: Someone who has been charged must clear himself and cannot bring an accusation until he has been discharged; for it is recognized in the constitutions that a charged person is cleared, not by bringing a counter charge, but by his innocence. 1. It is not certain whether he can only bring an accusation if he has actually been found not guilty, or [if he can do so] when he has undergone the penalty ; for it has been laid down by our emperor and his deified father that after being found guilty a person cannot begin an accusation. I think, however, that this applies only to those who haire lost citizenship or freedom. 2. It is clearly permissible for those who have initiated prosecutions before being found guilty to carry them through afterward. 6 MARCIAN, Institutes, book 14: On the death of a person who was charged with an offense and the penalty ceasing to have effect, [thejudge] who has cognizance in pecuniary matters ought to have cognizance in any cause whatsoever arising from the now nonexistent charge. 7 MACER,Criminal Proceedings, book 2: It is not a conviction for every offense that makes [a man] infamous, but only that charge which stemmed from criminal proceedings . Thus, where the offense was not a matter for public criminal proceedings, infamy will not attach to the condemned man, unless the charge arose from an action which, even in a private trial, brings infamy on him, such as for theft, the removal of goods by force, or injuria. BOOK FORTY-EIGHT 1 CRIMINAL PROCEEDINGS 1 MACER, Criminal Proceedings, book 1: Not all trials in which an offense is concerned are public criminal trials, but only those which arise from the statutes on criminal proceedings, such as the lex Julia on treason, the lex Julia on adultery, the lex Cornelia on murderers and poisoners, the lex Pompeia on parricide, the lex Julia on embezzlement, the lex Cornelia on wills, the leges Juliae on vis privata and vis publica, the lex Julia on electoral corruption, the lex Julia on extortion, and the lex Julia on the corn dole. 2 PAUL, Praetor's Edict, book 15: Some criminal proceedings are capital while others are not. Capital [proceedings] are those where the penalty is death or exile, which here means interdiction from fire and water, because by these penalties civil status is taken away. Other [sentences] are not properly referred to as exile but as relegation; for in them citizenship is retained. Noncapital [proceedings] are those where the penalty is a fine or some form of corporal punishment. 3 ULPIAN, Sabinus, book 35: A public accusation lapses, should the person charged, male or female, die beforehand. 4 PAUL, Edict, book 37: It sometimes happens that there may be a preliminary inquiry by means of a private action before a criminal trial, such as an Aquilian action, an action for theft or...