Legal Definitions - repetundae

In ancient Roman law, repetundae referred to the unlawful extortion, embezzlement, or misappropriation of money or property by public officials from citizens, subjects, or the state itself. It also encompassed the legal actions and remedies available to recover these ill-gotten gains and to punish the corrupt officials responsible for such misconduct. Essentially, it was a legal concept designed to combat official corruption involving financial exploitation.

Here are some examples illustrating the concept of repetundae:

• Imagine a Roman provincial governor who, using his official authority, forces local farmers to sell their entire harvest to him at a fraction of its market value. He then resells the produce at full price in another region, pocketing the substantial profit for himself.

  This situation exemplifies repetundae because the governor, a public official, is abusing his position to unlawfully extort property (the harvest) from citizens for his personal financial gain. The farmers would have grounds for a legal action to recover their losses under the laws pertaining to repetundae.

• Consider a Roman tax collector who deliberately overcharges citizens on their annual tax assessments. He records the correct, lower amount in official ledgers but demands and collects a higher sum from the taxpayers, keeping the difference for his private enrichment.

  This scenario clearly demonstrates repetundae as the tax collector, in his official capacity, is unlawfully extracting money from citizens beyond what is legally due, for his own illicit benefit. Such an act would be subject to prosecution and the recovery of the overcharged amounts.

• Suppose a Roman magistrate overseeing the construction of a new public aqueduct demands a "commission" or "gift" from the contractors before awarding them the lucrative government contracts. Without paying this unofficial fee, contractors are denied the work, even if they offer the best terms.

  This situation falls under repetundae because the magistrate is using his official power to extort money from individuals seeking to do business with the state. This illicit demand for payment for official services or contracts constitutes a form of financial exploitation by a public servant.