The nineteenth episode of Jiaozhou Chaozhu Fu died and the previous difficult mage was assassinated (8)
As soon as Nan Ye's words came out, the onlookers were in an uproar. Since ancient times, whether this criminal is guilty or not is the final word of the official, when have you heard that public opinion can change the will of the official? Besides, the evidence of this female assassin's bold assassination of Master Nan Ye is conclusive, even if the punishment is cut in half and the city is abandoned, how can there be doubts about the severity of the situation?
Listening to the discussions around him, Nan Ye understood why the county magistrate had a shocking wood and the judge had a gavel. It seems that it is not easy to remain quiet at the time of judgment. He didn't have any professional tools in his hand, so he clapped his hands and shouted, "Silence! Quiet! ”
After experiencing the scene of drug abuse and healing just now, Master Nan Ye's prestige in the hearts of everyone has reached a higher level, so as soon as he shouted, everyone quieted down and waited for the following.
Seeing that everyone was quiet, Nan Ye continued: "Now the verdict is pronounced on the people's daughter, ......" As soon as he said it, Nan Ye couldn't go on, turned his head and asked the girl assassin: "Who is your surname?" Recruit from the truth! ”
The girl assassin was very vigilant, thinking that Nan Ye was trying to induce a confession, so he replied: "The folk girl is nameless!" ”
Seeing that she didn't say anything, Nan Ye didn't ask anymore, and continued: "Now the verdict is pronounced on the case of the new assassin Shi Nan Ye of the people's daughter's nameless assassination in Jiaozhou." ”
As soon as these words came out, not to mention that the surrounding soldiers and merchants felt awkward, even Nan Ye himself felt that it was wrong, isn't this his own trial of his own case? However, in order to spread some legal concepts along with the case, Nan Ye had to go through the necessary procedures.
Nan Ye asked Xi Zhicai to prepare a pen and paper record, and then stated the facts of the case: "Today, the people's daughter was instructed by someone namelessly, gathered a crowd of 18 people, pretended to be a complainant, intercepted the road, and wanted to assassinate the new Jiaozhou assassin Shi Nanye. Nanye's personal guards fought back, killing eighteen assassins and capturing Nameless, and Zhou Cang, the deputy commander of the guards, was injured by nameless poisoned arrows. The facts of this case are clear, the evidence is conclusive, and the verdict was pronounced on the spot. ”
Everyone around them pricked up their ears to hear how Master Nan Ye decided the case. The legal system of the Han Dynasty was the combination of morality and punishment, and ritual and law, which originated from Dong Zhongshu's idea of "deposing a hundred schools of thought and respecting Confucianism alone". If the subjective motives of the parties meet the standards of Confucian scriptures, even if they violate the law, they are not considered crimes, and those who violate the scriptures and righteousness must be convicted if they do not violate the law.
Although this kind of legal system has a certain advanced nature in abolishing the cruel criminal law such as corporal punishment in the Qin law, it has abandoned the legal tradition of the Qin Dynasty Legalists that the matter is judged by the law and the punishment is not hierarchical, and the legal system has become the rule of man, deviating from the principle of judicial adjudication based on facts and taking the law as the criterion. Not only was it arbitrary and subjective, but it also made the emperor and the bureaucratic aristocracy above the law. It seems that there is a law to follow, but in fact there is no way to follow, and how to judge the case depends on the emperor and officials.
Because of this kind of arbitrary legal system, most of the officials in various localities decide cases at will, as long as they can explain the truth and make people convinced, they can decide the case as they want. This also provides convenience for Nan Ye's ruling, even if he uses modern law to decide the case, as long as it is reasonable, no one will question it.
Nan Ye saw that everyone's attention was focused on him, so he said: "Killing people to pay for their lives, and paying off debts, it is justified." The folk girl led the assassin to commit intentional homicide and was beheaded according to the law. The killing of eighteen assassins by Nan Ye and his guards in order to protect themselves at the time of the attack was justified defense and was not guilty. ”
Everyone present nodded after hearing Nan Ye's words, although they had not heard of any intentional homicide and legitimate defense, they could understand the meaning. The result was completely unexpected.
Unexpectedly, Nan Ye changed his words and said: "Although the nameless woman of the people deliberately murdered, Nan Ye was extremely close to the guards, and no one died, only Zhou Cang was seriously injured, which is an attempted murder and should not be the same as the crime of homicide." It is now sentenced that the woman will be temporarily imprisoned without a name, and if Zhou Cang dies of poisoning, she will be punished as homicide and sentenced to death. If Zhou Cang recovers, he will be punished as the crime of attempted homicide and serious injury. ”
As soon as Nan Ye's words made a public uproar, the assassination of a state assassin is a major crime that violates the scriptures and righteousness, and even if it is unsuccessful, its motive is enough to cause death. In the eyes of the soldiers and merchants, the crime of assassinating the assassin was similar to that of the assassination emperor, and they had not heard that the assassination of the emperor would not lead to death. If Nan Ye ordered the female assassin to be executed on the spot, everyone had no objections, but Master Nan Ye actually said that he would be convicted of Zhou Cang's injuries, which was incomprehensible.
Since Nan Ye had said before that the sentence would be changed if more than half of the doubters were questioned, there was humanity on the spot: "The mage is not satisfied with the villain's punishment like this, and this woman is unforgivable for her crimes, and she should be killed." ”
Nan Ye was quite familiar when he heard this voice, and when he looked back, he saw that it was Li Yue. Yao Cheng, Qingfeng, and Mingyue also stood beside him, glaring angrily at the girl assassin, obviously in favor of him. Nan Ye didn't expect that he was the first to demolish himself, but he didn't blame the four of them, the four of them were all from his own house, so it was strange not to speak for himself. The point is that other people also nodded their heads, and it seems that most people agree with Li Yue's statement, but they are not as bold and daring as Li Yue.
Nan Ye beckoned to Li Yue, called him to him, and then said to everyone: "You have doubts about the punishment, I'm afraid most of them think that these assassins should be punished severely for assassinating the imperial court officials, but I can't see it that way. Because today I am both a victim and a punister, and if I put my feelings at the center of the punishment to take revenge, then the punishment is unjust. So I can only assume that the person who was assassinated was not me, and only then can a fair sentence be given. ”
After Nan Ye finished speaking to everyone, he said to Li Yue: "If this woman stabbed you today, and you were injured but not dead, sue her to my assassination history." Can you accept my sentence of attempted murder and serious bodily injury? ”
Li Yue's eyes rolled and said, "The villain is not convinced!" ”
Nan Ye smiled and asked, "Why are you not convinced?" Is it also because of the following crimes? ”
Li Yue shook his head and said, "That's not it!" The female assassin was a wicked person with murderous intentions and deserved to be put to death. If the sentence is light, she will kill again. ”
Nan Ye knew that Li Yue's idea was a typical Spring and Autumn prison sentence, as long as a person was determined to be a wicked person in righteousness, then even if he did not commit a crime to death, he could be sentenced to death. Nan Ye's persuasion of Li Yue was not his goal, his purpose was to make most of the people present accept the principle of conviction by facts and the idea that everyone is equal before the law.
In order to achieve his goal, Nan Ye had no choice but to change from the identity of a judge to the defense lawyer of a girl assassin and said to Li Yue: "If you have the intention to kill, you deserve to die, then if the two people have a verbal conflict, they both threaten to kill each other, and then the two of them beat each other with blue noses and swollen faces and come to sue the official, should both of them be executed?" ”
"This ......" Li Yue was stunned by the question and couldn't answer. Nan Ye then said to everyone: "According to the scientific punishment method, determining the severity of a criminal's punishment should be viewed from two aspects. One is the fact of his crime, and the other is his motive for committing the crime. The so-called motive refers to his weishenme crime.
The attempted intentional murder of this female assassin is a fact, and I will see her motives later. I didn't know her, and although she didn't confess to the mastermind behind it, she was obviously instructed by someone. Judging from the motive, she was just entrusted by others to be loyal to others, which is not a violation of justice, but the instructions behind her make people have evil thoughts and want to harm the official, and they really deserve to die.
You see that she is still young, and she has nothing to do, if there is no one to instruct her, how can she make a mistake and do such a thing of assassinating the court officials? It was precisely because she was young and ignorant that she was seduced by wicked people to assassinate her but did not succeed, so I treated her as an accomplice and punished her lightly, wanting to give her a chance to reform her ways. I wonder what you think? ”
In ancient China, there was no such thing as a defense lawyer, and it was the first time that onlookers had seen someone speak for the defendant. What is even more surprising is that the person who spoke for the defendant was also the victim and the judge of the assassination. However, everyone was surprised and moved by Nan Ye's words, and then looked at the girl assassin kneeling on the ground It didn't seem to be so heinous, and they all hated the mastermind behind it.
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The latest chapter of the Three Kingdoms, this chapter is the nineteenth Jiaozhou Chao Zhu Fu died and was assassinated (8) The address is If you think this chapter is not bad, please don't forget to recommend it to your friends in the QQ group and Weibo!