THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
~ LXII ~ |
CONCERNING
THE PENALTY INCURRED BY ONE WHO SELLS ANY PUBLIC PROPERTY WHATSOEVER. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Same Emperor to the Same Stylianus. |
It
is right for persons who are guilty of public wrongs to suffer penalties
adapted to restrain their inclinations to injure others, and to prevent
such acts from being committed. But it is not right for them to be punished
with excessive severity, nor for the law to pass beyond its proper bounds,
and, by a species of legal vengeance, as it were, cause injustice. For
when the person who perpetrates an offence is punished, the penalty
imposed upon him is just; but it ceases to be so if it is out of all
proportion to the crime, and I think such a provision should not be
observed. Therefore Our Majesty being aware that the ancient authorities
prescribed penalties which are too harsh in cases where persons have
sold public property, We hereby decree that hereafter such prosecutions
shall be conducted with less severity. For how can it be just to inflict
an irreparable misfortune upon anyone who has caused the Treasury a
trifling loss, by depriving him of life, when he sold some article of
public property? For such a crime is not worthy of being punished capitally,
nor do We permit those who have been convicted of it to be treated in
this way. Anyone, however, who is proved to have disposed of public
property, We think will be sufficiently punished if he is compelled
to return fourfold his value. |
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