Chapter 2 Mad Prisoner Zhang San (Part 2)(2/3)
Although there is no intention to feed the common people, the common people suffer from the flesh and blood. The common people think this is better than doing it intentionally, because it is not illegal and cannot be regulated."
After Xu Zun heard this, he frowned, but there was no look of anger on his face. Instead, he thought seriously, because he felt that what Zhang San said made sense, and it was more terrifying unintentionally than intentionally.
If someone intentionally harms someone, the court has an accountability mechanism, and people can also appeal. But if it is unintentional, there is nothing to control it. This is terrible!
After a while, Xu Zun suddenly asked: "What do you think it should be?"
Zhang Fei said: "The people think that at least the government should give them some compensation."
Xu Yuan immediately said: "This is unreasonable. Do you think the government is responsible for opening charity halls?"
Zhang Fei shook his head and said: "The government is not a court of charity, but for us people, it is a court of justice. The common people suffered three months of imprisonment for no reason and suffered heavy losses. It is reasonable and reasonable to ask for compensation."
When Xu Zun heard this, a flash of disappointment flashed in his eyes. This was not a solution.
What should we do if we encounter this kind of thing in the future? The government is obviously acting in accordance with the law, but it has to pay compensation every day. This is impossible.
But Xu Yuan was a little angry. You were not done yet. When he was about to scold you, Xu Zun suddenly said: "I enforce the law impartially and have no fault whatsoever, so I will not give you any compensation. However, I will not give you any compensation for what happened to you."
I am very clear that it is human nature to feel grievances in your heart, and I will not pursue the charges against you."
"Thank you, Zhizhou, for your forgiveness." Zhang Fei was so scared that it was like mercury pouring down the ground, clean and tidy.
Xu Zun's expression froze. Zhang San, who had been so confident just now, gave in so quickly.
Before he could come to his senses, Zhang Fei suddenly changed the subject and said, "Besides, I have one more complaint."
Curious: "What's the matter?"
Zhang Fei said: "Thank you Miss Ayun for saving your life."
Xu Zun was stunned for a moment, then he immediately reacted and said: "Do you want me to tell you something?"
Of course he knew that Ayun had a life-saving grace for Zhang San.
Zhang Fei shook his head and said: "How dare you, a humble citizen, bother Zhizhou, and how can you say thank you for this life-saving grace?"
Xu Zun asked: "Then how do you plan to repay your thanks?"
Zhang Fei said: "The people think that Ayun should not be convicted of murder, but guilty of wounding."
Xu Yuan was shocked when he heard this.
This is obviously murder, how could it hurt anyone!
If you don’t understand the Fa, don’t talk nonsense!
Xu Zun became more energetic and asked, "How do you say this?"
Zhang Fei said: "During the interrogation process, Xiaomin learned that Ayun was arrested and immediately confessed. I wonder if that's true?"
Xu Zun nodded and said, "It does happen."
Zhang Fei said: "If you remember correctly, during the reign of Emperor Zhenzong, some prisoners complained about injustice and accused the government officials of torture and extorting confessions, which led to unjust, false and wrong cases. Therefore, Emperor Zhenzong took back the judicial interrogation power of the government officials, and only criminal investigation trials were available."
So professional? Xu Zun couldn't help but look at Zhang Fei differently and nodded: "You are right, the government officials do not have the power of judicial interrogation."
This is actually similar to that of later generations. When the police ask for a confession, it is a criminal investigation interrogation, and the court interrogation is called a judicial interrogation.
Zhang Fei immediately said: "Ayun confessed immediately after being arrested by the Yamen. There was no judicial trial at that time, it was just an ordinary inquiry. In other words, he can be punished by surrendering."
Surrendering does not mean that you have to go to the Yamen and confess your guilt in order to surrender.
In the Northern Song Dynasty, voluntarily confessing without judicial trial could also be a case of surrender. This also encouraged everyone to surrender and avoid consuming the government's manpower and material resources.
Xu Zun stroked his beard and said, "That makes sense."
Zhang Fei immediately said: "And among the regulations on surrender, there is another one that can exempt you from the crime you committed."
Xu Zun and Xu Yuan read at the same time: "Excuse me from the crime I caused?"
Neither of them thought for a moment that Xu Yuan wanted to find a book to read, but felt that it was very humiliating. He was the master of the book, and he was actually taught by a prisoner who had just been released from prison.
But Xu Zun couldn't care less, and immediately ordered Liu Hai to fetch "Song Xingtong" and read it, and found that there was indeed such an article.
However, this article is not listed in detail, but is included in the explanation of the surrender regulations.
Therefore, even Xu Yuan, the chief clerk, did not think of such an item for a while.
The original text is: "Those who commit murder and wounding and surrender themselves will be exempted from the crime for which they committed the crime, and they will still commit the crime of killing and wounding." It is also said: "Suppose someone kills or wounds someone due to robbery, or someone who negligently kills or injures a rich man and surrenders, he will be exempted from the crime of robbery, so
The crime of murder is still punishable.”
So thin!
Very thin!
Xu Zun looked at this picture with admiration, nodded and said: "Yes, that's the way it is."
Zhang Fei said: "According to this regulation, anyone who commits the crime of wounding due to theft and surrenders himself will be exempted from the crime of theft and will only be prosecuted for the crime of wounding."
"good!"
Xu Zun nodded.
What is the purpose of avoiding the crime of cause? It is actually very simple. For example, if you break into a house and you are discovered, you hurt others, but because your original purpose is not to hurt people, but to steal, that is, to hurt others because of theft.
Man, in this case, if you turn yourself in, the law will only hold you accountable for the crime of hurting others, not the crime of theft.
This is to avoid the guilt caused by it.
If theft is combined with injury, the death penalty will be imposed, but if only injury is pursued, it will be determined based on the circumstances of the injury, but generally the death penalty will not be imposed.
This is very reasonable. If there is no such legislation, it will lead to the fact that once someone is injured due to theft, they will be killed directly and silenced, and they will die anyway.
If he was given a way to survive, it might be possible to avoid hurting innocent people and even allow the injured to receive timely treatment.
Zhang Fei immediately said: "According to the laws of our dynasty, the crime of robbery is more serious than the crime of murder, so it can be inferred that this law also applies to the crime of murder, so Ayun, who has surrendered, naturally also applies
According to this law, Ayun injured someone because of murder. According to the crime of absolution, he can naturally be exempted from the crime of murder and convict Ayun of wounding."
The first half of the sentence in the original text reads, "Those who commit murder and wound themselves and surrender themselves will be exempted from the crime for which they committed murder and wounding."
This is the regulation.
In the second half of the sentence, another argument goes: "Suppose someone kills or injures someone due to robbery, or accidentally kills or injures a rich man and surrenders, the crime of robbery will be exempted, so the crime of killing and wounding will still be punishable."
This is an example explanation.
It does not mean that the exemption of the crime is only applicable to the crime of robbery and murder.
Zhang Fei's inference logic is correct.
But Xu Yuan was dumbfounded.
Is this okay?
"What nonsense!"
Xu Yuan angrily rebuked: "You are talking nonsense. You just said that the crime of theft and wounding can be exempted from the crime because the crime of theft is lighter than the crime of killing and wounding, so the crime of theft is exempted."
, only the crime of killing and wounding will be pursued. But when it comes to you, you confuse right and wrong. The crime of murder is more serious than the crime of wounding. Is there any reason to exempt murder and only pursue the crime of wounding? If this is the punishment, what is the justice of heaven."
Zhang Fei smiled and said: "That's not what the officials said just now."
Xu Yuan wondered: "I didn't say anything just now."
Zhang Fei said: "Just now, the common people are moved by emotion and rationality. They think that they have suffered three months of imprisonment for no reason and need some compensation. Isn't this unreasonable and unreasonable? But the two officials
But he insists that the government only acts in accordance with the law, and the ordinary people can only consider themselves unlucky, after all, this is what the law stipulates.
But now the common people are arguing according to the law. Since the law stipulates that those who surrender can be exempted from the crime they committed, then Ayun who injured others for murder can naturally be exempted from the crime of murder. However, the chief clerk refutes the common people with the law of heaven.
Then the common people have to ask, which one comes first, the laws of heaven or the law."
Xu Yuan was speechless for a moment.
These two things seemed to be incompatible with each other, but after Zhang Fei's sophistry, they suddenly became the same thing.
Now that the truth has come to light, no one can deny that Zhang Fei has indeed been in jail for three months unjustly. He had nothing to do with the case and he didn't even know Ayun. Even in terms of natural justice, he should be given some compensation.
But the government also acts in accordance with the law. The law stipulates this, so you can't blame the government.
However, you can't double standard.
It turns out that he was just paving the way for the case by suing me before! Xu Zun suddenly realized it, glanced at the embarrassed Xu Yuan next to him, and spoke out to help: "Both stealing and murder are crimes, but what is the crime of 'conspiracy'? If
According to what you said, thinking about someone's death is also a crime, and we don't have this law in our country."
To absolved of the crime is to give the judge an explanation to determine whether the two crimes are concurrent.
But according to Zhang Fei, murder must be separated from murder. The idea or intention of murder is a crime, and the act of murder is another crime.
But the problem is that the idea of murder is not a crime. Many people shout, I am going to kill you. At this moment, this person is definitely thinking of murder, but this is not a crime, it is just a pleasure.
Murder is one crime, not two.
Robbery and murder are different. Robbery and murder are two different crimes.
Zhang Fei said calmly and calmly: "Zhizhou's words are wrong. There is a rule in our court's laws. Anyone who tries to enter the palace without crossing the threshold will be punished with eighty sticks. This is the crime of conspiracy. In addition, if two people conspire, one person will break the law."
, two people are guilty of the same crime, but one of them only conspired and did not commit any actions, but they are also charged with the same crime. This is also the crime of conspiracy. It can be seen that conspiracy can certainly be punished as a crime."
There are too many examples of this. You can shout to kill people, but if you shout to rebel, it will be a dead end regardless of whether you have acted or not.
To be continued...