Chapter 158: Retraction of Confessions and Loopholes
Soon, Tongyun was escorted and knelt in the hall with heavy shackles.
Xiao Jiading didn't speak, and glanced at Liu Xianling. Meaning he came to ask.
Liu Xianling coughed lightly and asked majestically: "Sinner woman Tongyun, this county has something to ask you, you must answer truthfully, and you must not quibble, otherwise, you will suffer from flesh and skin!" ”
Tongyun nodded. Didn't speak.
After Liu Xianling made some intimidation, he asked: "This county asked you, but you killed your own aunt, the presiding officer of Qingfeng Nunnery, Zhixian Shitai?" ”
Tongyun shook his head and said, "It wasn't killed by the poor nun." The poor nun was raised by her aunt and was like a mother and daughter, how could she do such an ungrateful beast thing? ”
Liu Xianling slapped heavily on the armrest and said angrily: "Bold! Unexpectedly retracted the confession! Someone is coming, and the punishment is waiting! ”
Xiao Jiading interrupted him lightly: "Liu County Order, you have finished trying this case, and now it is a prisoner, and I will try it, and it is up to me to decide whether to use punishment or not!" ”
Liu County Order is very embarrassed, it stands to reason that he is an official of the imperial court with official character, and Xiao Jiading is just a small scribe, Xiao Jiading should listen to him, but now, Xiao Jiading is recording prisoners on behalf of Li Ke, the king of Shu, Xiao Jiading is not wrong, he can make a judgment directly without consulting them with the county order, as long as it is signed by Li Ke, the king of Shu, the judgment can be changed. But now Li Ke is busy with the funeral of the princess on his side, and he has no time to record the prisoner, so he has already ordered before leaving, and let Wan'an County sentence him according to Xiao Jiading's opinion. In other words, the substantive judgment was made by Xiao Jiading, and procedurally, the judgment was changed as a wrongful case discovered by Wan'an County itself. This is the reason why Xiao Jiading wants to discuss with them. It's just that in order not to change the sentence, Liu County's order actually wants to move the sentence, which Xiao Jiading can't tolerate, so he is a little polite to speak.
Liu Xianling hurriedly arched his hand and said, "Yes, yes." ”
Xiao Jiading didn't look at him. looked at Tongyun: "Tell me, why do you want to retract your confession?" ”
This is indeed not a very easy question to answer, because the real reason is that Tongyun misunderstood his aunt's fornication with someone, and at the same time suspected that it was that person who killed his aunt now or was related to that person, for fear that he would find out after catching that person and stain his aunt's innocence, so he was willing to sacrifice his life and admit that he had killed someone. Although it has now been proven that her aunt did not have an affair with anyone, but the side princess and Zhong Wenbo, who had been secretly executed by the princess. But this matter can't be said, and even the clouds don't know the way. She only knew that it was not her own aunt who had fornication. But they can't say it, because Liu County ordered them to get to the bottom of it, and it is still not clear to explain.
Tongyun originally didn't know what to say, but when Xiao Jiading came to identify it last time, he had already taught her what to say. So according to the content of Xiao Jiading's teaching, he replied simply: "The reason why I confessed at that time was because it involved my aunt, I can't say, please forgive me." However, I really didn't kill my aunt. Please take a look. ”
Liu Xianling said angrily: "What is this? What do you mean by can't say ......? ”
Xiao Jiading glanced at him and said, "Matters involving the privacy of relatives, as long as it is not a felony of rebellion or rebellion." I can't say it. Liu Xianling won't know this point, right? ”
Liu Xianling's old face was a little red, although he was not proficient in criminal law, but he still knew the basic things, including the basic principle of kissing the prime minister and hiding it. Shut up.
Xiao Jiading said to Liu County: "Tongyun has retracted his confession, because it involves his aunt and he is unwilling to say the reason for his confession. The evidence that can prove her guilt has been overturned, and the evidence that she did not have the time to commit the crime is relatively sufficient. So this case cannot be convicted. My opinion is acquittal. What do you think? ”
Liu Xianling and the others looked at each other and stopped talking, and the last thing was Liu Xianling who said stupidly: "Since Xiao Zhiyi has decided, what other opinions can we have?" ”
When Xiao Jiading heard their attitude, he was not polite, and said coldly: "Conviction and sentencing, especially the death penalty, must not be sloppy, and it must be ironclad!" The evidence in this case is a mess, and you have actually convicted you of a capital crime, so there won't be anything greasy about it, right? I will report this matter to the King of Shu in detail. ”
This sentence shocked Liu Xianling into a cold sweat. The case is wrong, and the most important thing is how to determine the error. If it is found to be negligence, it is just affecting political performance, and if it is determined to be intentional, it is a crime! Not only will you lose your black hat, but you will also be imprisoned! And how to determine it in the end largely depends on how Xiao Jiading reported to the king of Shu. Listening to Xiao Jiading's words now, he obviously thinks that they deliberately handled this case wrongly, and it will be miserable now.
Liu Xianling hurriedly got up, bowed, and said: "The lower officials know their mistakes, this case was indeed handled too hastily, the evidence has not been properly verified, and there are many loopholes, it is indeed not enough to convict, and the sentence should be changed." However, the lower officials and others really didn't mean it, and I also asked Xiao Zhiyi to be clear, and I am grateful for a lot of kind words from the King of Shu. ”
The county lieutenant, Sima and others all hurriedly got up to explain, their attitudes were very sincere, and they all admitted that this was a wrong case and should be changed, but they were all unintentional. Please ask Xiao Jiading to help with good words.
Tong Yun, who was kneeling there, opened his eyes wide, and he didn't know why these big officials wanted to bow their heads to Xiao Jiading, a little scribe, and their faces were full of flattery.
Xiao Jiading's tailwind flag was also pulled to the end, and then he slowed down his voice and said, "Who is not a sage?" Knowing that mistakes can be corrected, good is great! Since several of them agree with my opinion, let's discuss Tonghui's case later, and then upgrade the court to change the verdict together. ”
In addition to civil cases that can be directly mediated and settled, criminal cases are all subject to adjudication. This is the formal regulation of ancient judgments.
"Good!" Liu Xianling hurriedly agreed, secretly wiped a cold sweat, and ordered Tongyun to take it down first. Bring Tonghui up.
Seeing Tonghui, I remembered what Xiao Jiading said just now that he wanted to change the verdict of this case with Tongyun's, could it be that Xiao Jiading had already decided that this was also a wrong case? The cold sweat that had receded broke out again. But I can't imagine what is wrong with this case.
Xiao Jiading asked Tonghui: "The county government verdict found that when you were a monk in Baihe Temple, you had an affair with your current husband and committed adultery. Do you plead guilty? ”
Xiao Jiading had already told her what to say about this case in prison, and immediately knelt on the ground and cried: "The women are wronged." The woman didn't actually commit adultery, she just came to visit me, we ......, we didn't do that kind of thing! ”
Liu Xianling's eyes widened, and he roared, "What did you say?" You have not done anything wrong with him, so why should you admit that you have committed adultery? ”
Tonghui wiped her tears aggrievedly and said: "They asked me if my husband and I were on good terms at the temple at that time, and I said yes, he always wanted to be good with me, but I didn't agree because I wanted to become a monk. ”
"Is there any intimacy between you?"
"There is ......, he kisses me on the mouth, and hugs me, and there is no more."
A smile appeared on the corner of Xiao Jiading's mouth, and he interjected and asked, "Is it?" Is it just kissing and hugging? Didn't do the conjugal ceremony? ”
Tonghui was shocked: "No! Absolutely not! I was still a monk at the time, how could I do something like that? Besides, the orders of the parents, the words of the matchmaker, without these, how can you do such a thing? ”
"Then why do you admit that you have an adulterous affair in private?"
"No! I didn't say that. They asked me if I had fornication, and I said yes, and I thought kissing and hugging me was fornication. So I admit it. In fact, we just kissed and hugged, and we really didn't do anything else, until we got married, I was still a yellow flower leap girl. ”
"Oh? How long have you been in the temple? When did you get married? ”
"After almost a year of getting along, I'm still married."
"After getting married, how long did it take for you to have your first child?"
"A year after we got married."
Xiao Jiading turned his head to look at Liu Xianling: "What does the fornication mentioned in the file refer to?" Does it specifically refer to the reality of husband and wife, or does it include intimate behavior without the reality of husband and wife? ”
Liu Xianling was dumbfounded.
Xiao Jiading carefully read Tonghui's case file, and all the case file materials only wrote about the fornication between the two, and as for the specific details of the fornication, they were not written. This is mainly because the judgments in the early Tang Dynasty basically focused on writing and did not pay attention to the accurate description of the facts of the case, so the most critical detail of this case, that is, whether the two had a relationship between men and women, is only described by a relatively vague word "fornication", and the extension of this word is relatively broad, except for the courtesy of Zhou Gong, the behavior of men and women can also be included. And if there is no hey, then it cannot be recognized as adultery. Xiao Jiading seized this loophole and made Tonghui insist that the two were just kissing and hugging, without saying hehe. And this kind of thing is only known to the two of them, if the two of them retract their confessions together, the case can be insufficient because there is no other circumstantial evidence.
Liu Xianling also read the file in detail, he didn't care much about the qualitative accuracy of the judgment before, but only paid attention to the gorgeous wording of the judgment, whether the body was neat or not, and how many dictionaries were used. This has fallen into a headache loophole and made people catch the handle!
Previously, Xiao Jiading had already shown the killer weapon of complaining to the prince of Shu, and Liu County Ling did not dare to say more, and secretly made a color to the scribe who undertook it. The scribe knew the idea of the county order, and the county order was afraid of losing his official position, but relatively speaking, the scribe had to be detached, after all, he had no official position, and he had no decision-making power, even if the case was found to be deliberately wrong, he would not be held accountable. So he can say something, and the prince of Shu will not be too concerned with a little scribe. (To be continued......)