Judge of the Song Dynasty Chapter 483: The chief judge has the final say
This song really confused Cai Yanqing.
He did not calculate, Zhang Fei would burn the fire on his own head.
This is not politics!
He has already expressed his attitude of staying out of the matter, and he really did not make things difficult for their public prosecutors. Why does the public prosecutors need such an enemy like him.
"Really?"
Cai Yanqing looked at Wei Yingfang suspiciously.
"Prefect Cai, this matter is absolutely true, maybe people from the procuratorate will come over later and transfer the case file of Mrs. Zhang."
Speaking, Wei Yingfang fanned the flames again and said: "It's a shame that you still speak for them everywhere, but they want to use you as an example to scare monkeys. It's really kind of unrewarding!"
Cai Yanqing couldn't help frowning, of course he was very upset.
You are not here to build justice, but to deal with us.
Because the evidence for this case is conclusive and there is no problem at all, if the imperial court really wants to retry the case, it must use him to make an example of others.
Seeing Cai Yanqing's displeasure, Wei Yingfang was very happy. If Cai Yanqing also stood by their side, then they could really let go of their hands and feet.
After all, the administrative power is in the hands of Cai Yanqing.
Just at this time, an official reported: "Report to the magistrate, Chief Prosecutor Su is asking to see you."
Wei Yingfang said: "I can guarantee that Su Ziyou came here for this reason."
Cai Yanqing glanced at him and said, "Please come in."
After a while, Su Zhe entered the hall and saluted Cai Yanqing and Wei Yingfang.
Cai Yanqing raised his eyebrows and asked, "I don't know what advice Chief Prosecutor Su has?"
Su Zhe heard that his tone was not kind, so he couldn't help but glance at Wei Yingfang, and made a guess in his heart, but he also had a clear conscience, so he said directly: "If you go back to the prefect of Cai, Su Mou came here this time. Regarding the murder of the mother in Guixiang, our procuratorate is investigating new evidence and is preparing to file a lawsuit with the imperial court. We also ask Cai Zhifu to hand over the case file and relevant personnel to our procuratorate.”
Wei Yingfang immediately asked: "The evidence is solid, I wonder what evidence you found?"
Su Zhe said: "It is still under investigation, so it is not convenient to disclose it to the two of you."
In fact, he is not under investigation, and he will not explain it, because the procuratorate is not affiliated with the government. One of the functions of the public security law is to completely separate the administration from the judiciary, and the two sides supervise each other.
Wei Yingfang fell silent.
Since the other party is going to offend everyone, why does he stop him.
Cai Yanqing was really upset in his heart, you guys are too bullying, but he said with a smile: "The prefect told you before that all the files will be handed over to the imperial court."
Speaking, he turned to Wei Yingfang, "Wei Tongju, please hand over all the files and prisoners related to this case to their procuratorate."
"The next officer obeys."
After they left, Zhuo Qun said: "Prefect, this is different from what the letter said!"
Cai Yanqing is also really confused, but he is from a prime minister's family and has a lot of experience. The more the situation is like this, the more cautious he should be, "Let's see and talk."
But the tone became a bit subtle. If the other party really wanted to use him as an example, it would be doing favoritism and perverting the law, and he would never let them do whatever they want.
As the government office handed over the dossier, it also officially announced that the public security law will gradually take over the judicial power of Hezhong Prefecture.
However, this handover does not mean throwing everything at the imperial court.
The files that have been judged are in duplicate and handed over to the imperial court and the procuratorate, and the files that have not been judged are also in duplicate and handed over to the police station and the procuratorate.
The relevant criminals are all handed over to the police station.
In other words, the police station will take over the prison here.
It has not been taken over in the capital, because there are too many prisons in the capital. Kaifeng Mansion, Yushitai, Trial Court, and Dali Temple all have prisons, and some dignitaries may be involved. So far, the imperial court has not completely replaced Kaifeng Mansion.
But here, if we do the same, the Public Prosecution Law will not be able to gain power at all.
......
This matter quickly spread throughout the Hezhong Mansion. You must know that the murder of Gui Xiang's mother had caused a lot of trouble a while ago. After all, this kind of case is very rare and has attracted much attention.
At this time, the public security law is also attracting attention.
The combination of these two things, a stack of BUFF, is a proper traffic code.
For a while, all kinds of rumors were flying all over the sky.
And the more it spreads, the more outrageous it is.
At first, it was said that the Public Prosecution Law wanted to use Cai Zhifu to kill chickens and monkeys. Later, it became that the Public Prosecution Law wanted to take Cai Yanqing directly.
It is also said that the real culprit here is not Zhang, but Wu Lei.
This....
Every move of the Public Security Bureau is under the attention of the people of Hezhong Mansion. Even if the Procuratorate starts a fire, it is rumored that it is destroying evidence.
"Are you sure what your brother said is true?"
Wei Yingfang asked Cao Yi again in doubt.
Cao Yi was also a little confused.
He really has never seen this way of playing, but any official with some experience would not do it. But he naturally believed in his cousin, "That's right."
Wei Yingfang said: "Why is it right? It is impossible for the officials in Hutu to do this!"
Cao Yidao: "My cousin said in the letter that this kid is good at winning by surprise, especially in the field of law. Even if he is an iron eucalyptus, he can overturn it. Isn't this exactly what my cousin said? ?”
Wei Yingfang hesitated for a while, and said: "But it's not the problem of Eucalyptus, it's that if they do this, they will definitely offend Cai Zhifu. Originally, Cai Zhifu planned to stay out of the matter, aren't they making enemies for themselves now?"
Cao Yidao: "I don't understand that."
At this time, a servant entered the house, first saluted, and then whispered something in Wei Yingfang's ear.
Wei Yingfang was stunned for a moment, and suddenly heheed twice, "It seems that they are not the only one who offended Cai Zhifu!"
Cao Yi hurriedly asked: "How do you say that?"
Wei Yingfang said: "It is said that Xiantai is very dissatisfied with the behavior of the procuratorate."
This platform is to mention the prison department.
Cao Yi was stunned, and said: "That's right, originally the power of arraignment is in the hands of Xiantai, if the procuratorate also has the power of arraignment and retrial, wouldn't it conflict with Xiantai."
Wei Yingfang just covered his face and smiled.
Fortunately, he was still trying to find a way to deal with the Public Procuratorate, but the Public Prosecutor made enemies everywhere by himself.
Power is a very sensitive thing.
The procuratorate's move directly attracted the attention of the Department of Penalties and Prisons.
You can play like this, then... Then why do you need me?
While Shanxi Road mentioned some criminal and prison affairs, Guo Xiaofa is also in Hezhong Mansion, but this is not a coincidence, he came here to experience this public security law.
I never thought about it, and I haven't even seen it clearly, but I was hit on the head with a stick.
Dizzy!
Guo Xiaofa didn't think of any crooked ways, but went directly to the door to ask for clarification.
"I came here today mainly to ask whether the Public Procuratorate will also replace us as a prison secretary."
Guo Xiaofa asked Zhang Fei and Su Zhe straight to the point.
Su Zhe looked directly at Zhang Fei. He was only here on orders, and Zhang Fei was the one who really led the change.
Zhang Fei nodded and said, "About the judiciary, that's true."
Guo Xiaofa was shocked and said: "How is it possible, the imperial court did not order to inform this official."
Zhang Fei hesitated for a moment, and said: "This is mainly because the Public Prosecution Law is currently only being implemented on a trial basis by the Hezhong Prefecture, and the manpower is limited, so it cannot cover the entire Shaanxi Road at once. In other places, the Department of Prisons is still in charge of supervising the prisons.”
Guo Xiaofa asked: "But this is just your one-sided statement. Do you have evidence to prove this?"
Zhang Fei nodded, then asked Xu Zhiqian to bring his edict, and handed it to Guo Xiaofa.
Guo Xiaofa took a look and couldn't help frowning.
It is written very clearly that only the Dali Temple, the Trial Court, and the capital's procuratorate can retry the judgment of the chief judge.
There is no mention of the criminal justice department above. In other words, the criminal prison department cannot refer the cases judged by the chief judge.
At the same time, the duties of the procuratorate are exactly the same as those of the prison department, except that they have no power of judgment, which is to replace it!
It's really impossible not to replace it.
Because the Judicial Powers of the Prison Division completely coincide with those of the Imperial Court and the Procuratorate, if the judgment of the Imperial Court can be overturned by the Division of Prison, then the Public Prosecution Law will not be able to gain a foothold.
It's just that no matter whether it is the emperor or Sima Guang, Zhang Fei didn't make a guarantee. This is just an attempt. They dare not mess with the previous judicial system.
What's even more outrageous is that it also clearly states that the chief judge has the right to make precedents. If the country and the emperor are not endangered, the chief judge can give discretionary judgments without completely complying with the "Song Xingtong" .
In fact, prefects also have this power. Many prefects will not fully follow the "Song Xingtong" to give punishments, but will judge according to specific circumstances, but the court has never explicitly stipulated this.
This is the only case.
The reason is that the Legislative Council has not yet amended the legal system. Fu Bizuo asked the emperor to give Zhang Fei this power, so that his judgment can be used as a reference for amending the law.
Guo Xiaofa felt incredible, and couldn't help but look at Zhang Fei with admiration. This power is really terrible, and suddenly asked: "With such an arrangement, who will supervise you?"
Su Zhe then said: "Our imperial court, the procuratorate, and the police station do not control each other, but supervise each other."
Guo Xiaofa asked with a smile: "May I ask a question, if you are in collusion, wouldn't you be free to bend the law for personal gain?"
Su Zhe frowned secretly, wondering if he had gotten too close to Zhang Fei.
Now everyone here regards them as one faction, but in fact the procuratorate and the imperial court supervise each other.
But he can't help it. The public security law is a system, and both are indispensable. When they come here to build the public security law, they must first cooperate, but Su Zhe will definitely not work together with Zhang Fei.
Zhang Fei said with a smile: "In fact, no one supervises, that is, everyone can supervise. Guo Gongshi can also impeach us. He just said that this judicial power will be taken over by our public security law."
You can supervise us, but you cannot retry my sentence. You have to report it to the capital, and Dali Temple, the Criminal Court, and the Procuratorate will decide whether to retry.
Guo Xiaofa frowned and thought for a while, "I know, I will explain the reason to the court."
Zhang Fei nodded and said, "Of course."
After sending Guo Xiaofa away, Su Zhe smiled wryly and said, "This case has not been tried, and this person has offended everyone."
Zhang Fei said: "There is no other way. If we want to take over the judicial power, we will surely offend many, many people."
To mention that the Prison Division is a very powerful existence. It can not only supervise the judiciary, but also monitor the military affairs, such as grain and horses.
However, the power of the procuratorate is greater than that of the prison department. The procuratorate can prosecute any illegal act with evidence.
Does Guo Xiaofa feel happy?
In a blink of an eye, it was nothing.