Paulus, On Public Prosecutions. It was stated in a Rescript by our Emperor and his Father that, in the case of crimes which are opposed as being extraordinary, prevaricators shall be punished with the same penalty to which they would have been liable, if they themselves had violated the law by which the defendant was acquitted through their treacherous instrumentality.

Paulus, Public Prosecutions. The order of conducting public prosecutions for capital offence is no longer in use; still the penalty prescribed by the laws exists, and the crimes are proved arbitrarily.

Paulus, On Public Prosecutions. Under the Cornelian Law, the degree of fraud depends upon the act, but by this law gross negligence is not considered fraud. Wherefore, if anyone precipitates himself from a height and falls upon another and kills him, or if a man trimming trees throwns down a branch and does not give warning, but kills a passer-by, he will not be liable to punishment under this law.

Paulus, On Public Prosecutions. Persons convicted of sacrilege shall be punished with death. 1Persons guilty of sacrilege are such as purloin sacred articles belonging to the public. Those who appropriate sacred property belonging to persons, or chapels which are unguarded, deserve a more severe penalty than thieves, and a less severe one than sacrilegious persons. Therefore, careful consideration should be given to what is sacred, and to any acts which may be included in the crime of sacrilege. 2Labeo, in the Thirty-eighth Book of his Last Works, defines peculation to be the theft of public or sacred money, not made by him at whose risk it was at the time; and therefore the guardian of a temple, to whom property of this kind has been entrusted, does not commit peculation. 3In the same chapter, lower down, he says that not only the appropriation of public money, but also that of money belonging to private individuals, constitutes the offence of peculation, when anyone receives funds due to the Treasury pretending that he is the creditor of the latter; even though he may have taken, as his own, money belonging to a private person. 4He, also, who receives money for the purpose of transportation, or anyone else who assumes responsibility for money, does not commit peculation. 5The Senate ordered that those should be liable under the law against peculation who, without the order of the official in charge, permitted the examination and copying of public registers. 6He, also, who retains any public money destined for a certain use and does not employ it for that purpose is liable under this law; so Labeo says in the Thirty-eighth Book of his Last Works. Anyone who, departing from the province where he has held office, renders an account to the Treasury of the money remaining in his hands, and holds it, is not liable to an action to recover the balance, for the reason that he is a private individual indebted to the Treasury, and therefore should be classed among debtors; and he who is invested with authority can collect it from him, either by seizing his property, arresting him, or imposing a fine; but the Julian Law orders that, after the lapse of a year, this money shall be classed as a balance due.