Judge of the Song Dynasty Chapter 665: Etiquette and Justice

Chapter 665 Etiquette and Justice

Night.

"What? You want to use a beauty trap to get more information from me? Tell you, it's impossible. You have to be a gentleman and be pregnant. It's just that you are pregnant and you can't use that beauty trap!" ”

Zhang Fei looked like an uncle, lying on the bed with his arms bent on the pillow, legs crossed and tiptoes.

Xu Zhiqian came to the bed and sat down, giving him a hard look, "How come you are so full of things like that in your head? You are really hopeless."

Zhang Fei said hey: "If you don't want to, can you two get pregnant?"

"Don't be poor." Xu Zhiqian said: "Tell me quickly. Although I am pregnant, I can still help you with suggestions."

Zhang Fei sighed: "What are you planning? There is really nothing to talk about for the time being. Everything we know so far is all Liu Qing's words.

But his words cannot be fully believed. This person is so far apart from his heart. Who knows whether Liu Qing deliberately asked his wife to sacrifice herself for the monk in order to make a living. This kind of thing has not never happened. Moreover, the monk's confession proved that it was the other party who seduced him first. ”

"That's true."

Xu Zhiqian nodded slightly and asked: "Then what are you going to do?"

Zhang Fei said: "First find out what is going on, and then make a judgment."

Xu Zhiqian asked again: "If it is true as Liu Qing said, will you help him appeal?"

"It hasn't been decided yet." Zhang Fei shook his head, "Because I am not an Erbi now, and as a prosecutor, we must look at the case completely from a judicial perspective, not based on our own temperament.

However, the argument put forward by Liu Qing is very critical, that is, the adulterer will be arrested after his husband. I read the relevant laws and regulations today. Only when officials are involved, this principle can be disobeyed. However, in this case, no officials were involved. In other words, the principle of arresting adulterers should be followed. However, the imperial court gave another explanation. Whether this will violate this principle is what we first want to know. considerate. ”

Xu Zhiqian nodded slightly and said: "But judging from the tone of the eldest brother and others, the scholars seem to be more supportive of the imperial court's verdict."

Zhang Fei sighed and said: "This is where I hesitate. After all, this happened in a special place like a temple, and the target was a monk. The impact was really bad. The imperial court only gave it out of etiquette. A heavy sentence, if it violates etiquette and law, will also bring very serious consequences, and the procuratorate will also be under great pressure. This is something we must consider. If we really want to appeal, this lawsuit will not be easy to win. ”

After hearing this, Xu Zhiqian said: "It seems that this prosecutor and Erbi are really not the same thing."

Zhang Fei said: "So I said, if I have to choose, I would rather be Erbi, because I have more freedom and the procuratorate has many things to worry about."

Unfortunately, I am pregnant now and cannot give him more help. Xu Zhiqian thought for a while and suddenly said: "How about you write another letter to Fang Yun and ask her to come to the capital. I heard that she has been studying the law and has become a teacher of Mr. Fan. Maybe I can help you, at least. Trust it."

Zhang Fei smiled and shook his head and said: "You have forgotten that before I came back, I wrote a letter to her asking her to come to the capital, but she declined."

Xu Zhiqian said: "But why is this? You care about her so much and regard her as a Qin person, but she seems to be unwilling to meet you. Is there any misunderstanding in this?"

Zhang Fei said: "There is no misunderstanding. Although I helped her get out of the original lawsuit, she must have known what was going on. She may have thought that she was guilty, so naturally she didn't want to come over and add to my case. Right and wrong."

At this point, he also felt Xu Zhiqian's worry. He suddenly sat up and gently held Xu Zhiqian in his arms, "Okay, okay, you, a pregnant woman, don't struggle here. Appealing is just a matter of You can do your best and then face wins and losses calmly, otherwise, you will not be qualified for this position."

Xu Zhiqian said: "I just see that you lack helpers around you."

Zhang Fei said: "This is a public matter, so I still hope to cooperate with my colleagues in the Procuratorate."

Xu Zhiqian nodded slightly and said: "What you said makes sense."

"Let's go to bed early."

The next day.

When Zhang Fei came to the procuratorate, Wang Gong sent him the file.

"So fast?"

Zhang Fei was slightly surprised. Is the procuratorate's efficiency so high?

Wang Gong smiled and said: "The imperial court in Xiangfu County is not far away, and you can return in one day. However, these files are not brought from Xiangfu County, but I know that the Legislative Council requires the imperial court in each county in Tokyo , the file is sent to the Legislative Council every three months. Therefore, I got the file on this case from the Legislative Council."

"Thank you so much, Wang Duyou."

"It should! It should." Wang Gong smiled and nodded.

Qi Ji on the side suddenly said: "Prosecutor Zhang, it can be seen that the Legislative Council has also reviewed this case and thinks there is no problem with it."

Zhang Fei smiled and nodded, "Thank you, Inspector Qi, for reminding me, but we are just doing a routine thing. I don't think you need to be afraid of anything that is done according to procedures."

Wang Gong smiled and said: "That makes sense. If our procuratorate is afraid, the people will only be more afraid."

Qi Ji nodded slightly awkwardly.

Zhang Fei still cast a grateful look at Qi Ji, and then started to read through it. After a while, he suddenly said: "How many witnesses testify that the convict Liu Qinshi is a promiscuous woman and seduces men?"

Wang Gong nodded and said: "There is indeed a woman who testified that the convict had seduced a man in his family. Although there is no evidence, it supports the monk's confession from the side, which is very detrimental to the convict. That's why President Qi did not Canes are allowed to be broken."

In fact, the Northern Song Dynasty was relatively lenient in judicial matters regarding adultery.

You must know that "rape" and "rape" are crimes of two different natures and cannot be confused.

The "Song Xingtong" stipulates that "all traitors will be sentenced to one and a half years in prison; those with husbands will be sentenced to two years in prison; monks and Taoists will be sentenced to one additional level of punishment." The maximum is three years.

The imperial court of Xiangfu County gave him the maximum punishment.

However, the Song Dynasty had the "breaking stick method", that is, when executing the punishment, the four punishments besides the death penalty, including flogging, cane, imprisonment, and exile, were broken into hip sticks or spine sticks. "Year", the punishment after breaking the cane is about twenty canes.

It was not until the Ming Dynasty that the penalty was increased to ninety with a stick.

If you can break the stick, just give it twenty and then let it go. This is definitely better. Long-term pain is not as good as short-term pain. But whether to break the stick depends more on the judgment of the judge based on the circumstances of the case. If the nature is bad, then No broken sticks are allowed.

Zhang Fei said: "Didn't Ms. Liu Qin appear in court to give a statement? Why is there only a confession of her guilt?"

Qi Ji analyzed: "Liu Qin must have appeared in court to give a confession, because she was caught in bed and sent directly to the imperial court, but I don't know why there is only a confession of her guilt."

Suddenly someone outside the door said: "Because this is Liu Qin's only confession."

Hearing this voice, Zhang Fei stood up hurriedly and saw Fu Bi and Sima Guangcong walking in.

Zhang Fei, Wang Gong, and Qi Ji quickly stood up and saluted, "I have seen a wealthy man, a bachelor of Sima."

"No need to be polite."

Fu Bi waved his hand slightly.

Sima Guang looked at Zhang Fei and said, "You really don't want to waste a day. You just took office and you want to make some noise."

The two of them stared at Zhang Fei, fearing that this kid would cause too much trouble and would not be able to end it.

But this case was something they didn't expect.

Zhang Fei said helplessly: "Master Sima Mingjian, you really can't blame me. It was Liu Qing, the husband of this convict, who took the initiative to come to complain. What can I do?"

Sima Guang frowned and said: "This case was a big deal at the time, and everyone has seen it. There is no problem with the verdict, but if it falls into your hands, there is a problem."

Zhang Fei said: "I'm just doing it as a matter of routine. I don't really mean to appeal. Please sit down, please."

Fu Bi and Sima Guang sat down, and Fu Bi asked: "Is the other party filing an appeal on the grounds that he was arrested for committing adultery?"

Zhang Fei nodded.

For now, this is the only point in this case that deserves further investigation.

Sima Guang said: "President Qi explained this point very fully, and there is no problem."

Zhang Fei nodded and said: "I know that Judge Qi also considered the impact of this case on etiquette and law, so he gave such a heavy punishment."

Sima Guang said: "Fu Gong and I are worried that you completely ignore etiquette, so we came here to take a look today."

"How is that possible?"

Zhang Fei said: "Of course I will take this into consideration. This is normal."

At this point, he changed the topic and said: "But I have to consider the impact this judgment will have on the judiciary. This is also the responsibility of our procuratorate."

Fu Bi asked: "Do you think this verdict undermines the principle of arresting an adulterer who obeys his husband?"

Zhang Fei said: "I am still evaluating this, but it will have some impact. I have not found any relevant regulations that can give any support to this judgment. In other words, if you commit adultery with a monk in a temple, can you not comply with this rule? Principle."

Sima Guang clicked his tongue, "Why are you so stubborn? It may have some influence, but compared to the destruction of etiquette, this is nothing."

You Sima Guang scolded me for being stupid, I'll go! Zhang Fei almost burst into flames, but he held it back in the end and said: "First of all, I am just evaluating it, and I have not confirmed that I really want to appeal. Secondly, Bachelor Sima should know the purpose of arresting this traitor. ”

Sima Guang stroked his beard and said: "If the matter is ambiguous, the adulterer will not be punished because of the husband's accusation, and the husband will leave without his consent. If the door is opened for accusation and criticism, it will surely become Luo Zhi's prison."

Zhang Fei cupped his hands and said: "Sima Bachelor's attainments in legal studies really put the lower officials to shame."

Fu Bi smiled and said: "Stop flattering me and tell me your opinion."

Zhang Fei asked: "May I ask you two, why is the same principle not used for murder?"

Sima Guang said with bulging eyes: "Murder is a capital crime. How can the two be compared?"

"This may be just one of them."

Zhang Fei said: "In my opinion, another very important point is that it is easy to find evidence to prove the crime of murder. After all, the person died, which is ironclad evidence. For example, only A and B were in the house, and B was When someone kills someone, A will definitely identify the murderer.

In the same scene, it is difficult for you to judge the fact that the two of them have committed adultery. Etiquette can only try to separate men and women as much as possible, so that there will be no misunderstanding.

But it is difficult for ordinary people to do this due to the pressure of life. It is very easy for someone to be wronged, hence this principle. ”

Fu Bi nodded, "You are right, you do have this consideration in mind."

Sima Guang said: "But this case is about catching an adulterer in bed. There is irrefutable evidence. Both parties have admitted that there is no hidden secret."

Zhang Fei said: "I know this, but this judgment lacks a very crucial argument."

Fu Bi asked hurriedly: "What argument?"

Zhang Fei said: "The question is whether those who caught the traitor lied."

Sima Guang immediately said: "This is absolutely impossible. There is no torture in the imperial court. The two prisoners admitted it themselves. Is it possible that they have communicated with those scholars?"

"Jun Shi, don't get excited." Fu Bi waved his hand and said, "What Zhang San is referring to is that under this sentence, someone may take advantage of this to go to Luo Zhi's unjust prison."

Zhang Fei nodded and said: "That's right. As I said just now, it means that there is currently no way to accurately judge whether the two of them have committed adultery. If those scholars lied, it would be difficult for the parties involved to do so. Prove that you have not committed adultery."

People like Sima Guang and Wang Anshi can certainly distinguish between men and women, but the people are different. When the head of the household is sick, women still have to go out to work and crowd together with men. How do you judge whether there is adultery? .

Wang Gong and Qi Ji couldn't help but look at Zhang Fei.

As expected of Zhang Darer’s pen, it’s so fine!

During the entire trial, no one paid attention to the behavior of those scholars because they were just.

Sima Guang said: "Even if what you say makes sense, the evidence in this case is conclusive and the imperial court did not wrong them. In this case, you should refer to etiquette and law."

Zhang Fei smiled helplessly: "I didn't ignore etiquette and only considered the law, but there is this problem. As a prosecutor, I have to evaluate this.

Whether I ultimately appeal or not, I will consider the impact on etiquette and law, as well as the impact on justice. ”

Fu Bi chuckled and said, "Just consider this. If you can have your cake and eat it too, wouldn't it be nice?"

Sima Guang glanced at Fu Bi, and then said to Zhang Fei: "Zhang San, you haven't been idle recently. You have a lot of things to take care of. It's not worth it to work so hard for a case with solid evidence."

Zhang Fei said hey: "I'm just practicing my skills. I'm used to being the president of a court, and now I'm a prosecutor. I'm a bit unskilled. If the time comes, I'll be asked to prosecute those prosecutors!"

The hall was completely silent.

Qi Ji and Wang Gong both looked at Zhang Fei in shock.

Brother, before you say something like this next time, especially in front of a political advisor, could you tell us in advance so that we can avoid it!

Sima Guang looked at the boy and asked, "Why don't you continue talking."

Zhang Fei was slightly startled and said: "Just say it and get involved in political affairs. In our court, suing the prime minister is not a traditional project. Didn't the rich company and Sima Bachelor also sue?"

Fu Bi smiled and said: "There are many people who have sued, but only a few can still sit here."

Zhang Fei smiled and said: "But if you can sit here, you can almost become the prime minister."

Sima Guang pointed at Zhang Fei with a mixture of love and hate, "You kid, there will always be times when you suffer losses! Just wait."

Zhang Fei has indeed not decided whether to appeal, but one thing is for sure, that is, an investigation will be conducted.

So the next day, he came to the imperial court in Xiangfu County.

"You and your father-in-law are really alike, both of you are so curious to admire yourself."

Seeing Zhang Fei, Qi Hui was full of yin and yang. Obviously, he already knew Zhang Fei's purpose of coming here.

"It seems that President Qi already knows why I am here."

Zhang Fei handed over his hand again and said: "But I am just doing it as a matter of routine. Since someone requests an appeal, our procuratorate must investigate this. Not to mention President Qi, even if the chief judge decides, I will definitely investigate. This It’s the Public Security Bureau, the Procuratorate, and the Judiciary. The three agencies have no distinction between high and low. They check and balance each other. I would like to ask President Qi to bear with me."

Qi Hui took a deep breath. In fact, their relationship with Zhang Fei was getting closer and closer now. He did not want to quarrel with Zhang Fei over this matter. He said coldly: "Then I don't know what Mr. Qi has. Can you help Zhang Prosecutor?"

Zhang Fei said: "I hope to meet the two prisoners. According to our investigation, their confessions are incomplete."

Qi Hui said: "Of course it is possible, but I can't guarantee whether they are willing to speak."

After saying that, he ordered two court police officers to take Zhang Fei to the prison.

Zhang Fei followed a court guard to the prison. Of course, he would not go to jail. He just waited in the room. After a while, two prison guards entered the room with a prisoner's wife.

Liu Qin has a disheveled head and black face, and is as skinny as a stick. She stands in front of Zhang Fei with dull eyes.

The prison guard was about to scold the prison woman and ask her to salute, but Zhang Fei waved his hand and asked them to wait outside the room.

After the door closed, Zhang Fei said to Liu Qin: "I am a prosecutor from the Beijing Procuratorate. Because someone is appealing for you, I am here to investigate the case."

".!"

Liu Qin seemed to have not heard anything, standing blankly like a living dead.

Zhang Fei asked again: "Don't you want to know who appealed for you?"

".!"

"It's your husband Liu Qing."

".!"

Seeing that Liu Qin was still indifferent, Zhang Fei thought, it seems that she also guessed that it was Liu Qing. After pondering for a while, he added: "Do you know that your husband, Liu Qing, is like crazy. He has been suing from Xiangfu County to the capital. If this continues, sooner or later something will happen."

Liu Qin frowned and said slowly: "I did commit adultery with that Miaokong, and I have nothing to say about it."

Zhang Fei said: "But you didn't tell why you committed adultery with Miaokong. Was it your own choice, or was Miaokong forcing you, or was your husband forcing you?"

Liu Qin immediately said: "Don't slander him. He didn't force me. He doesn't know anything."

Zhang Fei asked: "Is it Liu Qing or Miaokong?"

Liu Qin said: "Of course it is my husband."

Zhang Fei asked again: "Did Miaokong force you?"

Liu Qin shook her head, "No."

Zhang Fei asked: "You did it voluntarily?"

Liu Qin nodded slightly.

Zhang Fei asked again: "Why?"

Liu Qinshi remained silent.

Zhang Fei said: "If you are concerned about your husband's dignity, it is best to tell the truth, because your husband is being laughed at every day."

Liu Qin frowned and said, "Really? You didn't lie to me?"

Zhang Fei nodded and said: "My wife voluntarily ran away to commit adultery with a monk. As a husband, how can I not be laughed at? But your husband insists that you have difficulties. You'd better tell the truth. No matter what The verdict won't change, but at least for your husband, it's not a bad thing."

Liu Qin hesitated for a while, "If I tell the truth, will it really help my husband?"

Zhang Fei nodded and said, "I'm sure of this."

Liu Qin looked at Zhang Fei for a while, remained silent for a long time, and finally told Zhang Fei the whole story.

In fact, what happened is roughly the same as what Liu Qing said.

But there was one thing that Liu Qing didn't know. In fact, their family had long been out of food, because Liu Qing had to buy pens, ink, paper and inkstones to study, which was almost unaffordable for his family.

Liu Qin also secretly went to ask people to borrow money to help Liu Qing study, but in order to allow Liu Qing to study with peace of mind, she just told Liu Qing that she earned the money by sewing clothes for others.

When this person was in trouble, he naturally thought of going to the temple to ask for blessings from Bodhisattvas. As a result, he met Miaokong. Miaokong caught his eye at her beauty and began to seduce her. As long as she went to the temple every month within a year. Once she stayed with him in the temple, he helped her pay back the money and found a job for Liu Qing at the same time.

Zhang Fei said: "Have you never thought that if you do this, it will hurt Liu Qing more?"

Liu Qin said in an indifferent tone: "When he gets admitted to the imperial examination in the future, I will end it myself."

Zhang Fei asked: "Is fame so important?"

Liu Qinshi remained silent.

Zhang Fei did not ask any more questions and asked again: "There is a Wei Liu family in the village who said you seduced her husband?"

Liu Qin shook her head and said, "I don't know."

Zhang Fei frowned and said, "So you have never had any interactions with Wei Liu's husband?"

Liu Qin shook her head.

"That's it!"

Zhang Fei nodded slightly and asked Liu Qin about the confessions of some other witnesses, but Liu Qin all said that he did not know anything about it.

"Okay! I have no other questions. Do you have anything else to say?" Zhang Fei asked.

Liu Qin opened her mouth, hesitated for a moment, and then shook her head.

Zhang Fei nodded in understanding, and then asked the prison guards to take Liu Qinshi back.

Soon, Zhang Fei found Monk Miaokong again.

The monk still insisted that it was Liu Qin who seduced him, which was almost the same as his previous confession.

After questioning, Zhang Fei said goodbye and then went to the police station.

"Third brother!"

As soon as I entered the police station, I heard a shout.

Zhang Fei took a closer look and saw a man in a police sergeant uniform coming out. He felt that he looked very familiar, "You are not that...!"

"007! Ling Feng!"

"Yes!"

Zhang Fei said excitedly: "007! I am 003. We were the only two who captured the handsome Ma's son and almost got beaten."

Ling Feng chuckled and glanced around worriedly.

This time is different from the past. He has already worn shoes, but he is no longer barefoot.

Zhang Fei laughed and said, "I've been promoted to sergeant."

Ling Feng smiled honestly, "It was only because of the yamen's care that I came here to be the police chief, but I still can't compare with the third brother. I heard that the third brother has already become the president of the court."

Cao Dongdong is a nepotist. He will promote anyone who is close to him, because in his concept, only those with strong ability will be close to him.

Zhang Fei said: "The Procuratorate has just been transferred back to the capital."

Ling Feng immediately said: "Third brother, are you here to investigate the case?"

"You are still as smart as before! This is the best thing. I feel relieved when you do things."

Zhang Fei said: "Do you know about the adultery case of Miao Kong in Liuyun Temple?"

Ling Feng nodded and said: "I know, this case was a big deal at the time."

"Very good!"

Zhang Fei took out a piece of paper and said, "Please help me investigate whether the confessions of these people are true?"

Ling Feng took it and took a look, nodded and said, "Don't worry, Third Brother, I will send someone to check it out right away."

Zhang Fei was stunned for a moment, "I remember you can't read."

Ling Feng said: "Third brother, I have forgotten that our first batch of royal police officers went to the Imperial Academy to study. Later, we read newspapers every day. If we didn't understand, we would ask those in the police station who knew how to read. There are more and more."

Zhang Fei smiled and said: "That's it."

After sitting at the police station for a while, catching up with Ling Feng and bragging, Zhang Fei went back to the city.

Back in the city, Zhang Fei found Li Bao again.

"Brother Bao, is our monk from the Song Dynasty looking for a woman?"

"Haha!"

As soon as Li Bao heard this, he immediately grinned and laughed happily.

"Brother Bao, why are you laughing?" Zhang Fei said depressedly.

"Ouch! My great chief, do you even have to ask this? Of course they are looking for women!" Li Bao said: "Many of our monks in the Song Dynasty are very rich, and they may not be as good as Come on, tell me how they can abide by those rules and regulations."

Zhang Fei asked: "Did they go to the brothel to find them openly?"

Li Bao said: "Then they don't dare. They usually have prostitutes they know, and they usually agree on a place to meet a few times a month."

Zhang Fei asked curiously: "How do you know so clearly?"

Li Bao chuckled, "We also have some monks in the Taxation Department."

Zhang Fei's expression tightened and he quickly asked: "Is there anyone named Miaokong?"

"Miaokong?"

Li Bao said: "This name sounds strangely familiar."

Zhang Fei said: "The case of adultery in Liuyun Temple."

"Yes, yes!"

Li Bao then remembered and shook his head again and again: "No, if he is, then...!"

Zhang Fei asked curiously: "If so, can you fish it out?"

Li Bao said: "Of course you can, what's so difficult about it."

"How to catch it?" Zhang Fei asked curiously.

Li Bao said: "This is very simple. Find a way to have the government send this person directly to a remote place, change the place, and get him out."

Zhang Fei's eyes lit up and he said: "You really have some tricks."

Li Bao said carelessly: "What kind of method can you call this? The Liuyun Temple adultery case is a **** case, not a **** case. In fact, it is just a small case. If they hadn't been in If someone is caught **** in the temple and offends the scholars, he may be beaten with a few sticks and then released."

As he said that, he asked curiously: "Why do you ask about this?"

Zhang Fei also reacted, "That's it. Can you ask someone to check for me and see if there is no familiar old friend in Miaokong?"

Li Bao said: "That's it?"

Zhang Fei smiled and said: "This time all the tea money for brothers is mine."

Li Bao chuckled: "Okay. I'll take care of this."

Seven days later, Ling Feng and Li Bao sent in their investigation results one after another. After reviewing them one by one, Zhang Fei came to the procuratorate and announced in public, "Based on my investigation these days, I believe that the adultery case in Liuyun Temple is If you violate the principle of arresting an adulterer, you will be formally appealed to the imperial court."

Qi Ji couldn't help but smile and said: "We have to be prepared to be scolded."

Zhang Fei said confidently: "Don't worry, as long as the court opens early, they won't scold you for too long."