TRAUMATOS EK PRONOIAS GRAPHE
TRAUMATOS EK PRONOIAS GRAPHE (
τραύματος
ἐκ προνοίας γραφή). Our principal information respecting this
action is derived from two speeches of Lysias, viz.
πρὸς Σίμωνα and
περὶ τραύματος ἐκ
προνοίας, though they do not supply us with many particulars.
It appears that this action could not be brought by
any person who had been wounded and assaulted by another, but that it
was necessary to prove that there had been an intention (
πρόνοια) to murder the person who had been
wounded (Lys.
c. Sim. § 41 f.). Cases of this kind
were laid before the archon basileus and brought before the Areiopagus
([Lys.]
c. Alcib. § 15; Dem.
c.
Aristocr. p. 628.24; Poll. 8.117): if the accused was found guilty,
he was exiled from the state (Dem.
c. Boeot. ii. p. 1018.32;
according to Philippi,
d. Areopag u. d. Epheten, p. 113 f.,
not for life) and his property confiscated (Lys.
c. Sim.
§ 38,
περὶ τῆς πατρίδος καὶ τῆς οὐσίας
τῆς ἐμαυτοῦ ἁπάσης κινδυνεύω: cf.
de
vuln. ex industria, § 18. Plat.
Legg. ix.
p. 877 B: banishment for life without confiscation of property). This action
seems to have been notorious as an instrument of false accusation (Aeschin.
de F. L. § 93;
c. Ctes.
§ 212, etc.). (
Att. Process, ed. Lipsius, p. 386 f.)
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C.R.K] [
H.H]
