10. Lastly, it must be observed that in every case of injuria he who has received it may bring either a criminal or a civil actio. In the latter, it is a sum estimated, as we have said, that constitutes the penalty; in the former, the iudex, in the exercise of his duty, inflicts on the offender an extraordinary punishment. We must, however, remark that a constitutio of Zeno permits men of the rank of illustris, or any higher rank, to bring or defend the actio injuriarum if brought criminally by a procurator, as may be seen more clearly by reading the constitutio itself.
Actio injuriarum
11. Not only is he liable to the actio injuriarum who has inflicted the injury, as, for instance, the person who has struck the blow; but he also who has maliciously caused or contrived that any one should be struck in the face with the fist.
12. This actio is extinguished by a person dissembling to have received the injury; and therefore, a person who has taken no account of the injury, that is, who immediately on receiving it has shown no resentment at it, cannot afterwards change his mind and resuscitate the injury he has allowed to rest.
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