Judge of the Song Dynasty Chapter 568: If you want to add a crime, do you have no words?

"President Zhang, I was wrong, I would like to apologize, I would like to apologize, please, give us another chance."

"President Zhang, we really know we were wrong."

Kong Tai, who had just eloquently shouted "Scholars can be killed, can't be humiliated", is now crying bitterly, shouting at Zhang Fei at the top of his lungs.

The two of them used to be the imperial guards, and they often went to the fireworks place. Don't they know who are the people who dump **** there? people.

Then you still humiliate me!

Dignity?

It's time to dump the dung, and talk about the dignity of the fart.

Of course and eggs!

It is almost impossible for Judge Zhang to work overtime.

On the contrary, this aroused the inexplicable excitement of the onlookers, and there was a lot of applause for a while. You must know that many people were inclined to Lu Bangxing's defense before the sentence.

But now, it is unanimously applauded.

It seems that throughout the ages, happiness is based on the pain of others.

The happiest ones were Cao Dongdong and Ma Xiaoyi, they clapped their hands hard and laughed triumphantly.

This face is full of doubts!

It's not good for you to mess with anyone, go and mess with Zhang San, you'll embarrass him, his narrow-mindedness will definitely kill you! Lu Bangxing sighed secretly, stepped forward and said, "It's okay! It's okay! Don't bark, I'll discuss it with President Zhang later."

"Mr. Lu Er, please."

"Yeah! Sir, we'd rather apologize than dump **** there!"

The two of them were full of tears and snot, and they regretted it!

"Got it! Don't talk nonsense anymore."

Lu Bangxing left without saying this.

Wei Yingfang, Cao Yi and others also got up silently, and walked out to the imperial court by the side door in a low-key manner.

"What a pity!" Wei Yingfang said with emotion.

Cao Yi said with a smile: "We didn't have the extravagant expectation that this small case would cause much trouble to the imperial court. It's just asking for directions."

Wei Yingfang nodded and said: "That's right, this trial was quite successful. With so many people in the public security department, it's impossible to be impeccable. No matter how capable Zhang San is."

Speaking, talking, he saw that Cao Yi was silent, turned his head to look at Cao Yi, saw Cao Yi staring blankly at the left front, and then followed his gaze, he couldn't help being startled.

I saw Han Dongniang and a handsome young man standing under the willow tree, chatting happily.

That handsome son is Fu Shichun.

Just in time, Fu Shichun also looked at them and nodded with a smile.

You can feel the provocation from afar.

Demo!

Playing crooked ways with my brother in the land of fireworks, don't you know that my brother is the founder of Fengyuebao.

Wei Yingfang couldn't help sighing: "Yes! It's not easy for them, the rich children, to play these tricks."

Xu Zhiqian over there also quickly cleaned up, and then chased after her, "Zhang San, I think the law on molesting women is not perfect enough!"

"Not perfect yet?"

Zhang Fei rolled his eyes, and said: "Don't say it as if it was perfect before, it's not perfect all the time, okay, I spent a long time trying to find a crime to convict."

Xu Zhiqian said: "Since you know, then you should find a way to improve it."

Zhang Fei sighed, "Don't worry about it, if it's not perfect, I'll feel bad too, I have to rack my brains for conviction and punishment, I don't want this young man to be bald."

Speaking, he wiped his thick bun.

While doing this post-court review, the husband and wife walked to the backyard, but as soon as they came to the small lake, Li Si came to report and Su Zhe asked to see him.

Therefore, Zhang Fei asked Li Si to invite Su Zhe here.

"Chairman Zhang, Mrs. Zhang."

"Mr. Su Xiao, please sit down."

Zhang Fei and Su Zhe sat down, while Xu Zhiqian stood silently behind Zhang Fei.

"Mr. Su Xiao came to me in a hurry. Could it be that he felt that my judgment just now was unfair?"

Zhang Fei asked half jokingly.

"Not really."

Su Zhe shook his head: "President Zhang's judgment is still very fair, but it also makes me feel a little worried."

Zhang Fei asked: "Mr. Su Xiao is worried about the authority of the Royal Police?"

"Yes, but not quite."

Su Zhe said: "What I'm really worried about is the charge cited by Judge Zhang just now, coupled with the authority of the Royal Police, and the punishment given by Judge Zhang.

Actually, the few cases that were tried just now are not unusual in the market, but before, they were between punishment and non-punishment, and it often depends on who the other party is. If someone is injured, it may be to calm the matter, and even those government servants turn a blind eye and avoid it, but if they are ordinary people, they may be arrested and sent to the government office to make a fortune.

But now that the crime President Zhang cited several times can be cited in many disputes, the royal police can also arrest people, which makes the power of the royal police very terrible.

The great prime minister of the Tang Dynasty, Wei Zheng, once said, "There is no set law, and the severity of the situation is arbitrary; if you want to commit a crime, there is no word for it?" '. "

Besides what he said, he is still dissatisfied with Zhang Fei's penalty.

Although the charges cited by Zhang Fei, that is, "those who are in the city and among the crowd, cause disturbance and disturbance." This covers a lot of things, but they generally refer to causing panic among the people. It is said that it is mainly aimed at falsely claiming that beasts have entered the city and causing panic.

Rarely references to brawls.

Not to mention that several cases have cited this charge.

In addition, the minimum penalty for this crime in Song Dynasty was eighty rods, but there was no hard labor punishment.

Although Su Zhe also knew that Zhang Fei had the right to do so, the charge was vague, and the punishment was up to you, and it definitely wouldn't work.

The president of the judge can judge the person according to the person. If he is unhappy, he will be given a heavy sentence, and if he is pleasing to the eye, he will be given a lighter sentence.

More importantly, the power of the Royal Police plus this charge, plus Zhang Fei's punishment, these three combined into one, the power of the Royal Police is difficult to be supervised.

If the two quarrel, they may be arrested.

Because you can't tell whether a quarrel will disturb the market, but since fighting is possible, then of course quarreling is also possible.

This will give the Royal Police a lot of room to maneuver.

Zhang Fei nodded and said: "Prosecutor Su is right. In fact, I have studied relevant laws and cases before this. In this regard, the laws I am facing are very strict.

If I had judged according to the law at the time, Xu Jingtian and the others could have been sentenced to lawsuits for their actions. The minimum sentence would be three years in prison, but this is obviously unreasonable. So if I don't cite this crime, then I can only cite the twenty-seventh volume of Miscellaneous Law, the last article, those who do what should not be done. "

Su Zhe said: "Wei Zheng's words just now refer to this crime."

Zhang Fei said with a smile: "The crimes are generally discussed as miscellaneous crimes and misdemeanors. There are many similarities. There are many kinds of crimes. If I quote this crime, then I can't judge it too much. And this This charge even allows me to be sentenced to death, so I don't want to quote this one.

And the reason why I quoted Article 432 of the Miscellaneous Law is that it is in the city and among the crowd, so it will alarm and disturb those who are disturbed. It is hoped that all cases of this type will be classified under this crime, and then a very detailed regulation will be drawn up, and the punishment will be uniformly hard labor, ranging from one hour to two months, and set according to the severity of the circumstances.

It is also a supplement to distinguish between the law of fighting lawsuits and the law of thieves and robbers. "

It was only then that Su Zhe came to his senses and said, "It turns out Chief Judge Zhang has already considered this."

Zhang Fei spread his hands, "I can't help it, I can't find the relevant laws."

This "shouldn't be a crime", as the name suggests, is for miscellaneous laws. There are too many disputes between people, and it is impossible to write all the laws and regulations.

Then how do the government control according to the law? If no suitable law can be found, it can use this law to make a judgment.

If there is no law and the circumstances are very serious, this law can be invoked and the death penalty can be imposed.

Of course, as far as the Tang and Song Dynasties are concerned, if the death penalty is imposed, it must go through a very strict review and must be approved by the emperor.

Officials generally don't like to impose the death penalty, because if the sentence is wrong, the emperor will definitely know.

As far as Zhang Fei is concerned, he certainly thinks that it is better to have as few such pocket crimes as possible, just as Wei Zheng said: There is no set rule in the law, and the severity is arbitrary; if you want to impose a crime, there is nothing to say ?

Once officials invoke this charge, there is no way to fight the lawsuit.

But Zhang Fei has also considered that this is not an era of legal system, and the laws are not perfect. If the government is not given this kind of power, more problems may be encountered, and the rich can oppress the poor at will.

This is why Sima Guang and the others have always emphasized the need to pay attention to the morality of officials. A good official quotes laws and regulations, mostly to promote good and punish evil, which has the limitations of the times.

Zhang Fei does not intend to change this law.

Therefore, Zhang Fei can only classify this public order crime as another crime, because this "deserved crime" can be cited when there is no corresponding law.

The explanation is very clear in the discussion, miscellaneous crimes and misdemeanors, there are many similarities, and there are many golden rules and jades, all of which are inexhaustible.

But if you have the relevant statutes, you cannot invoke this crime.

When the legal provisions become more detailed, this pocket crime can be further reduced.

Su Zhe said: "But I don't know how President Zhang intends to make up for this loophole?"

Zhang Fei said: "I can't do this alone. I suggest that the imperial court, the procuratorate, and the police station jointly formulate the relevant charges and specific punishments. If Mr. Su Xiao wants, Mr. Su Xiao can preside over it. "

Su Zhe hurriedly said: "Don't dare, don't dare, this idea came from Chief Judge Zhang, and it should be presided over by Chief Judge Zhang."

Zhang Fei shook his head and said: "I can't, I'm very busy, I have a lot of things to do."

Xu Zhiqian couldn't help but cast a contemptuous look at Zhang Fei behind him, he was just lazy if he was busy.

But Su Zhe didn't see it that way. He thought that Zhang Fei was alluding to the fact that he had to take care of disarmament, finance, and other laws and regulations, and had no time to deal with them. So he said: "Well, that's fine. If Chief Judge Zhang can't find time recently, I can temporarily preside over for Chief Judge Zhang."

Zhang Fei immediately clasped his hands and said, "Then I'll have to work."

Su Zhe said: "It's about the Royal Police."

Zhang Fei said: "For the time being, we can only rely on you and me to supervise and let the royal police know that every suspect they catch has the right to appeal to the royal court. Apart from this, there is no better way. If the Royal Police are too restrictive, it will only backfire.”