Legal Definitions - tergiversatio

Tergiversatio is a term that originated in Roman law, referring to a deliberate delay tactic, particularly when an accuser or prosecutor fails to actively pursue a criminal charge or legal claim. It describes the act of holding back, being reluctant, or intentionally stalling the progression of a case, often by not appearing in court or neglecting necessary procedural steps, effectively abandoning the pursuit of the matter.

Here are some examples illustrating tergiversatio:

• Imagine a scenario where a prosecutor's office files charges against an individual for a serious crime. However, after the initial filing, the assigned prosecutor repeatedly requests postponements for the trial date, fails to respond to defense motions, and does not prepare the case for presentation, causing significant delays. This pattern of inaction, without a legitimate and compelling reason, could be considered tergiversatio because the accuser (the prosecution) is deliberately delaying or effectively abandoning the pursuit of the criminal charge, leaving the accused in legal limbo.

• Consider a civil lawsuit where a plaintiff sues a defendant for damages resulting from an accident. After filing the initial complaint, the plaintiff's legal team consistently misses deadlines for submitting evidence, fails to appear at scheduled mediation sessions, and does not respond to communications from the court or the opposing counsel. This behavior, which stalls the entire legal process and prevents the case from moving towards a resolution, exemplifies tergiversatio as the plaintiff is not actively pursuing their claim, despite initiating the legal action.

• In an administrative setting, suppose a government agency initiates an investigation into a company for alleged violations of consumer protection laws. After issuing an initial notice of investigation, the agency conducts no further interviews, requests no additional documents, and allows the investigation to remain open indefinitely without any progress or resolution. This prolonged and unexplained inactivity by the regulatory body, which is effectively the "accuser" in this administrative process, demonstrates tergiversatio by failing to pursue the alleged violations, leaving the company under a cloud of unresolved allegations.