According to Mommsen the various laws de repetundis, from, the Lex Acilia of the Gracchan period to the Lex Iulia of 59 B.C., never attached any heavier political penalty to the offence than infamia, with consequent exclusion from the Senate, and the exile of those condemned for extortion was solely due to the difficulty of repayment. Mommsen also held that the penalty of twofold restitution introduced by the Lex Acilia was abandoned by the Sullan Lex Cornelia in favour of the simple repayment established by the original Lex Calpurnia of 149 B.C. Only during the Julio-Claudian principate and later were severe penalties in the form of relegatio and exilium inflicted in special circumstances (extra ordinem) by the authority of the senatorial court and not by any remodelling of the Lex Iulia, which continued to inflict only the lesser penalties.
This general doctrine has caused considerable uneasiness for three reasons. First, there is an apparent contradiction between Mommsen's view and two statements of Cicero, which assert that the penalties for extortion were increased in severity by successive laws. Second, Cicero constantly speaks in cases of extortion, whether as prosecutor or in defence, as though the caput of the accused were at stake.