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Tergiversatio
(193 words)

[German version]

(literally 'to turn your back'). In Roman law, the term refers to the turning away of the private accuser in a criminal trial ( accusatio , delatio nominis ) from the case he had brought against the defendant. Beginning with the SC Turpillianum (AD 61), the tergiversatio led to a case against the accuser himself. When the withdrawal was unjustified, the tergiversatio was punished with a fine (Dig. 47,15,3,3). Beyond that, the private accuser lost his right to hold an office as well as his civic honour ( infamia , Dig. 48,16,2). The defendant who had been brought to co…

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Schiemann, Gottfried (Tübingen), “Tergiversatio”, in: Brill’s New Pauly, Antiquity volumes edited by: Hubert Cancik and , Helmuth Schneider, English Edition by: Christine F. Salazar, Classical Tradition volumes edited by: Manfred Landfester, English Edition by: Francis G. Gentry. Consulted online on 22 September 2021 <http://dx.doi.org/10.1163/1574-9347_bnp_e1204490>
First published online: 2006
First print edition: 9789004122598, 20110510



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