The reason for the death penalty to be changed to exile is just to have someone to support her in old age, and of course it is impossible for her to get the support of the yamen for such a reason for shouting injustice, but the old man is very persistent, and I don't know where I heard that the princess of the prince of Shu is kind-hearted, so she kneels in front of the palace every day and kowtows to hand over the certificate. Li Ke, the king of Shu, also read his case and said that there was no problem in handling the case, and there was no reason not to sentence her son to death.

Although the Tang Law stipulates that if a criminal is sentenced to death, but his immediate family members are over 80 years old or have immediate relatives with serious illnesses who need his support, and there are no relatives in the family who are between the ages of 21 and 59 to rely on, the situation can be reported to the Criminal Department for the emperor to decide whether to impose the death penalty. In this case, the old man also has a son, and although this son is unwilling to provide for the elderly, this does not fall under the rule that the death penalty can be waived. So you can't be invited.

After the review, Li Ke believed that there was no grievance in this case and let the old lady go. But the old woman refused to leave, and still knelt under the stone steps outside the gate of the palace every day and kowtowed to plead. The princess was finally moved by her, so she personally accepted her petition and said that she would try her best to help her achieve her wish. Then the princess gave this task to Xiao Jiading.

Xiao Jiading has been pondering what to do with this case.

If in modern society, this kind of case belongs to the victim who is obviously at fault, and it is molesting women, Yan Erlang's behavior has a little bit of righteousness and courage and even legitimate defense. Therefore, it falls under the category of situations that do not require an immediate execution, and a suspended death sentence can be imposed. However, the death penalty reprieves are the original creation of New China, and there was no such death penalty in ancient China. Moreover, the punishment for each crime in Tang Law is basically an absolute punishment, that is, a specific period of time (except for the death penalty). For example, theft. The Tang law stipulates that "all thieves shall not have wealth, and they shall be punished with fifty lashes; Sixty for one foot, one for one for the first class, five for one year, five for the first class, and fifty for the first class. "All of them are specific sentences, and the crime of theft as provided for in the modern criminal law is a sentencing range, and the larger amount is sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine. where the amount involved is huge, the sentence is between three and ten years imprisonment and a concurrent fine. where the amount is especially huge, the sentence is to be 10 or more years imprisonment or indefinite imprisonment and a concurrent fine or confiscation of property. It is precisely because of the absolute and relative differences in this penal provision. Ancient judges had very little discretion in imposing sentences.

Intentional homicide as stipulated in the Tang Law mainly refers to murder without premeditated and temporary intent. This was the case in the present case. In accordance with the provisions of the "Tang Law". "Therefore the murderer, behead." That is, whoever intentionally kills a person shall be punished by beheading. Unlike modern criminal law, where the sentencing for intentional homicide is "death, life imprisonment, and fixed-term imprisonment of more than 10 years", the sentence is very flexible, and judges can make judgments based on the facts of the case. However, according to Tang Law, judges have no choice.

As for the existence of a degree of justifiable defence in this case, this is not considered in the Tang Law. The Tang Law stipulates that the circumstances under which justifiable self-defense can be carried out are very narrow, limited to the following situations: one is to break into someone's house at night without reason. "The master kills the one when he arrives, don't count." The second is that the two sides beat each other, "the one who is the last to straighten out, minus two grades." to the deceased, not reduced" that is, in this case, the punishment is only reduced, and there is no exemption, and it is a state of mutual assault. The third type is those whose grandparents and parents are beaten and their children and grandchildren help to defend themselves, "those who are not injured are not injured, and those who are injured are reduced to the third degree of fighting and wounding, and those who are deceased are according to the usual law." "Other than that, there is no defense.

In this case, it is also not within the scope of justifiable defence. Therefore, there is no way to reduce the punishment on the grounds that the other party is beating and molesting women, which is the difference between Tang Law and modern criminal law, and it is also where Xiao Jiading feels that this case is tricky.

Xiao Jiading has been pondering this matter all the way, but until now, he still has no idea. He decided to go and interrogate the defendant to see what was going on.

Because this case has just been concluded and has not yet been transferred to the state capital yamen, I heard that the king of Shu was going to come down to record the prisoner, so he put it in the county prison and waited.

Xiao Jiading came to the county jail and interrogated the culprit Yan Erlang.

This Yan Erlang committed the crime of intentional homicide, but looking at his appearance, he was not that fierce and vicious, giving people a sense of disproportionality, making people unable to believe that such a thin person could stone someone to death. However, this is the case with many things, and this is what it means to be invisible.

Yan Erlang confessed to his crimes, and at the same time proved by the testimony of the servant girl who was bullied and molested, and two other eyewitness servants, so there was nothing wrong with the case itself. Xiao Jiading chatted with him about homely things: "When you kill someone, do you think of your wife?" Your brother doesn't care about him, she is now old and helpless, what do you let him do? ”

Yan Erlang hung his head and wept, choking up: "I was just angry at the time, and I didn't think about it so much, it was my ...... that I was not good, and I didn't take good care of my mother......"

"Are you thirty-four years old? Why are you still married? ”

Yan Erlang sighed: "We slaves, in addition to the master's favor and reward for the servant girl to start a family, what money do we have to marry a wife, and where do we have any opportunity to marry a wife?" ”

"Is your master treating you badly?"

"It's okay......" Yan Erlang said a little slurred.

"Since it's okay, you're old, why doesn't he give you a family? There should be a lot of handmaidens in his house, right? Isn't it enough to match a pair? ”

"This ......, the master has passed away, and the young master is busy with business, so he doesn't have time to take care of our ......"

Xiao Jiading asked casually, "Your master has passed away?" When did it happen? ”

"It was the day I killed that animal, so the young master scolded me and said that I made the master angry to death."

"Really? Then do you think your master is angry with you? ”

"How is that possible!" Yan Erlang raised his head, "My lord has always been very good to our subordinates, and he has always been very good to me, and he often praises me and says that I am diligent and willing to work, who will be my daughter-in-law in the future, who will be blessed." He has been seriously ill in bed for more than half a year, and Lang Zhong said that he is just living a few days, just a few days. The reason why I killed Lu Chao that day was that in addition to the fact that he often bullied people and bullied the maidservants in the house, I was very angry, but also because he was beating and scolding and molesting the maidservants outside the master's house that day, and the lord was in the house, and he was almost dying. The old lady said that he didn't stop, and I couldn't get angry, so I stoned him to death. ”

"Such a wicked slave, why don't you master deal with it?"

"Our lord is kind, and he is very good to us subordinates, and he will not punish him too harshly. At most, just two reprimands, it is already a very heavy punishment. ”

Xiao Jiading returned to the previous topic: "Now that your wife has no one to take care of, she kneels and kowtows at the gate of the palace every day in order to intercede for you and spare your life." She's already seventy? People are rare in seventy years! If you are put to death, your wife will have no one to take care of her, and I am afraid that she will starve to death. You've killed you and your mother! ”

Yan Erlang knelt on the ground and cried loudly.

Xiao Jiading sighed and said, "I'll go to your brother now and see if I can persuade him to take care of your wife." ”

Yan Erlang cried and said: "No need to go, he used to refuse to take care of his mother, and he also abused his mother, for which his mother once sued the yamen, and the yamen also arrested him and beat him, so he hated his mother even more because he didn't see him at all." The mother was angry, so she didn't give birth to this son, and she hadn't seen her for many years. This time I was in prison, and I once asked someone to bring him a message and ask him to take care of my mother, but he said that the life and death of me and my mother had nothing to do with him. ”

"Not supporting the elderly, this is a wicked rebellion! The yamen could cure him for his sins! ”

"Even if you arrest him again, he will hate the old lady even more if he beats the board, and if he is locked up, there will be no one to take care of the old lady."

Xiao Jiading thought about it, and suddenly felt a little discouraged, thinking that such an unfilial descendant must be punished well, and after this case is handled, he will go back and settle accounts with him!

But now it seems that it is not good to let his brother take care of the old lady, and he will only send the old lady to the fire pit. I'll have to find another way.

After leaving the prison, Xiao Jiading decided to go to Mrs. Zhang's house overnight to inquire. Because they only have one day of working here, and they will leave for the next stop tomorrow after lunch at noon, so to deal with this case, they can only take out the draft opinions overnight tonight and submit them to Li Ke, the king of Shu, and after he approves it, they can go to court tomorrow morning to try the case.

The relationship between Xiao Jiading and Tang Sima was already known to the county magistrate of Jiulong County, so he deliberately stammered, and this time he accompanied the investigation, because according to the regulations, local officials were not allowed to participate, so they sent a catcher to accompany him personally, as well as the local squire.

The group came to Mrs. Zhang's house. Old lady Zhang had already died of illness on the night when Yan Erlang killed Lu Chao. The current parent is his son, that is, Young Master Zhang.

This young master Zhang is in business, and the status of businessmen in the Tang Dynasty is already very low, and the officials are even more afraid, and they don't even have anywhere to put their hands and feet. When Xiao Jiading explained his intentions, he became energetic and reprimanded angrily: "Yan Erlang looks honest, but he can't imagine that he is a vicious slave, bold and reckless, when the old lady was dying, he blatantly committed murder, beat other slaves to death, and made the old lady angry to death!" It must be severely punished! ”

This young master Zhang was emotional, which was not what Xiao Jiading hoped for, and he couldn't find any solution to this case here. He asked him to leave and asked Mrs. Zhang's wife instead. The old lady had not yet recovered from the grief of bereavement, and when she talked about it, she couldn't help but cry again. (To be continued......)