Coughing twice, Kang County Ling stabilized his emotions and began to report: "The criminal woman Wu Shi, who is the wife of Su Laocai, a businessman in this county, stabbed Liu to death on the spot with scissors because of a dispute with Su Laocai's fifth concubine, Liu. Liu's biological daughter, Su Yunxia, went to the county government to sue her mother-in-law Wu for murder. The county arrested Wu, and after trial, Wu confessed to the killing. The sentence of hanging has been carried out in accordance with the criminal law. The convict Su Yunxia was hanged according to the law because she sued her mother-in-law for disobedience, so she should be imprisoned. During the court trial, there was an accident, Cai Laoshan, a villager in Kuliu Village, where the deceased Liu's mother's house was located, suddenly shouted for Su Yunxia outside the hall. After being reprimanded, Cai Laoshan claimed that Su Yunxia was not Su Laocai's daughter, but that he was pregnant after being raped by Liu before he was taken as a concubine, and begged for an investigation and retrial. When he felt that the matter was important, he withdrew from the court and was investigated. After investigation, there were many witnesses from Kuliu Village who proved that Cai Laoshan did covet the Liu family and had frivolous behavior. At the same time, he also recognized that Su Yunxia was very similar to Cai Laoshan when he was young. Su Laocai and several of his concubines also suspected that Su Yunxia was not born to Su Laocai, but they suffered from no evidence. Now that the matter is exposed, it is required that Cai Laoshan be severely punished and Su Yunxia kicked out of the house. ”

Speaking of this, Kang Xian Ling peeked at Zhong Facao and Gu Justice, and found that the two of them were quite surprised, and their expressions did not seem to be unhappy, so they were a little relieved. continued: "Because Su Yunxia originally committed a capital crime in this case, but now the verdict has to be changed to not guilty, and the situation is serious, so I specially came to ask for instructions." ”

Zhong Facao frowned and glanced at Justice. Gu Judicial Understanding, and said in a deep voice: "Since it is a lawsuit against my mother-in-law, I am guilty of disobedience." Should he be put to death, but in order to be acquitted? ”

As soon as I heard this. Xiao Jiading sighed secretly in his heart, dignified the state government. That is equivalent to the vice president of the provincial high law in charge of criminal law, and since he asked such an ignorant legal question, it can only show that he is not familiar with the corresponding criminal law regulations at all. It's no wonder that in a high position, the specific cases are all prepared by the scribe below, and he only needs to sign, and if he can't figure it out, he can call someone to come up and inquire. And now he suddenly encountered such a legal problem, he did not know the provisions of the Dao, and it was difficult for him to ask the scribe to ask. Originally, he could have left the matter aside first, and then made a decision after coming down to investigate and clarify it, but he didn't expect him to ask on the spot, which made people know the true details of his ignorance of the Fa!

This may be because he is impatient, or maybe it is because there are many judges who don't know much about the law, and everyone is used to it if the eldest brother doesn't talk about the second brother. Xiao Jiading hopes that it is the former, otherwise. Dealing with cases between a group of judges who are almost legally illiterate, that is really laughable.

Kang County Ling also didn't understand the criminal law, although Xiao Jiading had explained the relevant legal provisions to him before, but he was still a little unsure. He glanced at Xiao Jiading, and said to Zhong Facao and the others with a smile: "This case is investigated by Xiao Jiading, a lowly deacon, so let him report it to the two adults." ”

Zhong Facao glanced at Xiao Jiading. A smile appeared at the corner of his mouth, and he said, "You are the talented man that Tang Sima admires very much?" I've admired your name for a long time. Your poetry is very good. Many verses have begun to circulate in Yizhou. It's terrible, the future is terrible! ”

Xiao Jiading smiled. didn't pick up his topic, just said lightly: "Zhong Facao has won the award," and then, he opened the relevant laws and went directly to the topic: "I will now give the two adults a brief report on the relevant legal provisions involved in this case." -- Article 44 of the "Yonghui Law" stipulates that "those who sue their grandparents and parents shall be hanged." (It is said that the sin of not sitting by chance, and the person who conspires to commit the above and accuses.) This is to say, except in the case of rebellion, rebellion and treason, which are to be committed in conjunction with one's own crimes, if the other sins are denounced, they shall be hanged......"

"That's right!" Gu Judicial interjected loudly, "The father is the son of heaven, there is no hidden crime!" How can you sue your parents? Such a person is disobedient and discordant! Also, that Wu clan, how can you sentence you to death? Her daughter went to the yamen to complain, which is equivalent to her surrendering herself! Surrender is exempt from punishment! Should be released, why was he sentenced to death? - I said, Kang County Order, you Shaocheng County torture room scribes, this law is very problematic! I don't know how to pretend to understand! Arbitrarily judging, if this continues, there will be big problems! ”

As soon as he heard that Gu Justice came up and buckled such a big hat, Kang Xian Ling's face turned white with nervousness, and he didn't understand what children sued their parents, which is equivalent to their parents turning themselves in, and they can be exempted from punishment and other provisions, if this is the case, he sentenced Wu to death, isn't that a big wrong case? Immediately looked at Xiao Jiading nervously.

Listening to Gu Justice's words, Xiao Jiading smiled bitterly in his heart, and secretly thought, it is not someone else who doesn't know how to pretend to understand, it is you Gu Justice yourself! If it's not that you really don't understand the law, or you are secretly tired, then Su Laocai can come and bribe himself, is it possible to pay a bribe to you? Su Laocai's purpose is to exonerate the Wu family, which is a reason, for people who don't understand the law, this is still a glamorous reason. And the case of not guilty does not need to be reported at all, and the above will not know the way, outsiders still think that it should really be like this, which is called turning over the hand for the cloud and covering the hand for the rain!

If this Gu Judicial doesn't understand the law and talks nonsense, Xiao Jiading can reluctantly accept it, but if he knows the law and deliberately says so, it is a typical bending the law for personal gain!

Xiao Jiading waited for him to finish speaking, and then said unhurriedly: "Let me first explain the issue of the Wu family's sentencing to death. That is to say, if a child and a person whose parents must conceal a crime from each other, if the child and his parents denounce the crime, it is equivalent to the parents who committed the crime themselves, and at the same time, it also stipulates that 'those who surrender themselves before the crime is committed', that is, as long as the crime is committed before the crime is committed, they can be exempted from criminal responsibility......

"How? That's all I said! Gu Judicial Yang said proudly, looking at the Kang County Order, "I said the Kang County Order, this case is a wrong case......

"Gu Justice!" Zhong Facao interrupted Gu Justice's words, "You listen to Xiao Zhiyi first!" ”

"Yes, yes!" Gu Judicial hurriedly bowed down.

Zhong Facao's performance did not make Xiao Jiading grateful, but made him vigilant. He should have seen that he was confident about this case, if he didn't let himself speak now, he would definitely report to Tang Sima, if Tang Sima accepted his opinion and ordered it, they would have to do it, but they would be passive at that time. If he thought of this and let himself finish his words, it should be a decision to plan and then act, if so, this Zhong Facao's city government is only afraid that it will be deeper than Gu Justice! You have to be on guard.

Xiao Jiading then continued: "Article 37 of the "Yonghui Law" stipulates: 'If he is injured or injured by a person, (a person who surrenders himself due to killing or wounding shall be exempted from the crime for which he was committed, and shall still be killed or injured by the law.'" That is to say, the offences of intentional injury and intentional homicide, if they arise from other crimes, can only be exempted from the offence of cause, not from the offence of intentional homicide or intentional injury. For example, if the victim is found resisting arrest and kills the other party during the theft, the crime of theft can be exempted from the crime of theft, but the crime of homicide cannot be exempted. Returning to this case, the reason for the criminal woman's Wu family was a dispute with Liu, and there was no corresponding crime, so there was no question of exempting the crime of causation, and her crime of intentional homicide, regardless of whether there was a crime of cause or not, could not be exempted from punishment because she surrendered. That is why we have imposed a death sentence on him. There is a legal basis for this. ”

Hearing Xiao Jiading's words, Kang County Ling breathed a long sigh of relief. A smile appeared on the corner of his mouth.

Gu Judicial was stunned for a moment, and seemed to be muttering to himself: "Is there such a provision......?" ”

He didn't ask for the "Yonghui Law" in his hand to read, so Xiao Jiading naturally wouldn't take the initiative to send the book over.

Gu Justice's face was still expressionless, so Gu Justice's face said, "Go and call Xing Zhiyi!" ”

Xing Zhiyi? Xiao Jiading's heart moved, could it be the county government's Xing Xuzhong, the one who was arrested by Deng Quansheng who was arrested by the supervision of the imperial history? The old scribe Du Dayin once said that this person is proficient in criminal law and is also very shrewd, if it were him, then Gu Justice's previous remarks should be his idea. It's not very clever, but it's deceptive.

That Xing Zhiyi should have been waiting outside, so he came in quickly. Sure enough, it was Xing Xuzhong, the original commander of County Lieutenant Deng!

Xing Xuzhong stepped forward to salute and stood beside Zhong Facao.

Gu Judicial said: "Kang County Order, I have decided to transfer Xing Zhiyi to our government to serve as my Zhiyi, what do you think?" ”

This Xing Xuzhong did not come to the Yamen after Deng Quansheng was arrested, but he did not expect that he was transferred away by Zhong Facao, and he did not greet Kang County Ling in advance at all. In the final analysis, this Xing Xuzhong is the scribe of the county government, and he wants to be transferred to the yamen of the state capital, although he does not need to ask for the consent of the county government and county order, at least he has to inform him, but he transferred the person away without saying a word, which makes Kang County's face a little unpleasant. However, since Zhong Facao was present and had no objections, he must be clear about this matter, so why bother with this. Kang County Ling sneered: "Okay, there is naturally no opinion on the lowly position." ”

Zhong Facao turned his head to Xing Xuzhong and said, "Fang Cai Xiao Zhiyi said that if you intentionally kill someone, you can't surrender and be exempted from punishment, is this true?" ”

Xing Xuzhong glanced at Xiao Jiading quickly, and Xiao Jiading felt the surprise in his eyes. Then, Xing Xuzhong lowered his eyes again and said, "The Wu clan is an unintentional manslaughter. ”

As soon as he heard this, Gu Judicial immediately knew that what Xiao Jiading said was right, so this Xing Xuzhong changed the topic and grabbed another question. Immediately, he said, "Yes! This Wu clan is not intentional homicide, but manslaughter, how is manslaughter judged? ”

Xing Xuzhong said expressionlessly: "Article 24 of the Criminal Law Fighting and Litigation stipulates: 'If a wife beats, injures, or kills a concubine, it is the same as a husband who beats, injures, or kills his wife. Manslaughter, to each one. That is, if a wife kills a concubine by negligence, she is not guilty. (To be continued......)