Il magistrato repubblicano e il bottino di guerra mobiliare

The study aims to answer to the question whether a Roman magistrate could become owner of (a part of) the booty or not and, consequently, whether he was liable for appropriation of it or not. After having discussed the theories on the issue, it will be seen that is Cicero’s account of late republican legislation that solved the question in favour of the right of magistrates to acquire (a part of) the booty, without being liable for its use. This conclusion can be reached from the clauses of the rogatio Servilia agraria (63 B.C.), which were not passed to the assemblies for endorsement, and from the lex Iulia repetundarum for crimen repetundarum if he would have presented an unfaithful account of the The lex Iulia peculatus, voted under Caesar as dictator or under Augustus, made the booty property of the res publica. As far as the magistrates are con- general liable for peculatus application of the lex Iulia repetundarum, with a consequent right for him to acquire a certain portion of the war booty.