Legal Definitions - res repetundae

In Roman law, res repetundae refers to two related concepts concerning the misconduct of public officials:

• First, it describes the illegal act committed by a public official who demands, extorts, or accepts money, goods, or services from a private citizen under duress or through abuse of their authority. This is essentially a form of official corruption or extortion.
• Second, it refers to the money, goods, or other assets that were illegally acquired by the official through such an act, which could then be legally reclaimed by the victim.

Here are some examples illustrating res repetundae:

• Example 1: Unlawful Toll Collection

  Imagine a Roman provincial governor who establishes a new "road maintenance fee" for all merchants transporting goods through his territory. This fee is not sanctioned by any law or decree from Rome, and the governor pockets the money himself. The act of imposing and collecting this unauthorized fee is an instance of res repetundae. Furthermore, the funds illegally collected from the merchants would also be considered res repetundae, subject to being reclaimed by the victims.

• Example 2: Coerced Property Transfer

  A powerful Roman magistrate, desiring a particular piece of land owned by a private citizen, uses his official position to threaten the citizen with false legal charges or excessive taxes unless the land is "sold" to him at a drastically reduced price. The magistrate's coercive actions constitute res repetundae. The land itself, once illegally acquired through this abuse of power, would also be considered res repetundae, meaning the original owner could seek its return through legal channels.

• Example 3: Bribes for Official Favors

  A public official responsible for granting permits for new construction projects demands a "gift" of valuable artwork from an applicant before approving their plans, even though the plans meet all legal requirements. The official's demand for the artwork is an act of res repetundae. The artwork, once handed over under duress, would also be classified as res repetundae, indicating it was illegally obtained and could be recovered by the applicant.