Whether an accuser who fails to prove his indictment is bound to the punishment of retaliation?

❌ Objection 1 : It would seem that the accuser who fails to prove his indictment is not bound to the punishment of retaliation. For sometimes a man is led by a just error to make an accusation, in which case the judge acquit the accuser, as stated in Decret. II, qu. iii. [*Append. Grat., ad can. Si quem poenituerit.] Therefore the accuser who fails to prove his indictment is not bound to the punishment of retaliation.

❌ Objection 2 : Further, if the punishment of retaliation ought to be inflicted on one who has accused unjustly, this will be on account of the injury he has done to someone---but not on account of any injury done to the person of the accused, for in that case the sovereign could not remit this punishment, nor on account of an injury to the commonwealth, because then the accused could not acquit him. Therefore the punishment of retaliation is not due to one who has failed to prove his accusation.

❌ Objection 3 : Further, the one same sin does not deserve a twofold punishment, according to Nahum 1:9 [*Septuagint version]: "God shall not judge the same thing a second time." But he who fails to prove his accusation, incurs the punishment due to defamation [*Can. Infames, caus. vi, qu. 1], which punishment even the Pope seemingly cannot remit, according to a statement of Pope Gelasius [*Callist. I, Epist. ad omn. Gall. episc.]: "Although we are able to save souls by Penance, we are unable to remove the defamation." Therefore he is not bound to suffer the punishment of retaliation.