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Chapter 146 Illegal Request

The reason for the death penalty was to be changed to a rebate punishment was just to allow someone to take care of her old age. Of course, it was impossible for her to be so accused of being a yamen. However, the old man was very persistent and didn't know where he heard that the princess of Shu was kind-hearted, so he knelt down in front of the palace every day to hand over the complaint. King Shu Li Ke also saw his complaint and said that there was no problem with the case handling, and there was no reason not to sentence her son to death.

Although Tang Law stipulates that if the criminal is sentenced to death, if the immediate family members in the family have an elderly person over 80 years old or a direct relative with serious illness, they need to support him, and there are no relatives in the same household in the family who are over 21 to 59 years old who can rely on, then this situation can be reported to the Ministry of Justice for the emperor to finally decide whether to sentence the death penalty. In this case, the old man has a son. Although this son is unwilling to support the elderly, this does not constitute a requirement that you can exempt the death penalty. Therefore, you cannot ask for it.

After the investigation, Li Ke believed that there was no injustice in this case and asked the old lady to leave. However, the old lady refused to leave, so she knelt under the stone steps outside the gate of the palace every day and kowtowed to plead with her. The princess was finally moved by her, so she personally accepted her complaint and said she would try her best to help her achieve her wish. Then the princess handed the task to Xiao Jiading.

Xiao Jiading has been thinking about what to do about this case.

If in modern society, such cases are obvious faults of the victim and teasing women, Yan Erlang's behavior is somewhat of a sense of courage and even self-defense. Therefore, it is a case where the death penalty does not need to be executed immediately, and a death penalty can be sentenced to a death penalty. However, death penalty is the original creation of New China, and there was no such death penalty in ancient China. Moreover, the punishments for each crime of Tang Law are basically absolute punishments, that is, a specific period (except for the death penalty). For example, the crime of theft, Tang Law stipulates that "theft will not receive money, and the whip is fifty; a foot of sixty can be beaten for one foot. For example, the crime of theft, Tang Law stipulates that "theft will not receive money, and the whip is fifty; a foot of sixty can be beaten for one foot. For example, the crime of theft, Tang Law stipulates that "theft will not receive money, and the whip is fifty; a foot of sixty can be beaten for sixty.

, One horse plus one class. Five horses are one year, five horse plus one class, and fifty horse plus one class. "There are all specific sentences. The crime of theft stipulated in the modern criminal law is a sentencing range. If the amount is large, it is sentenced to fixed-term imprisonment of not more than three years, detention or control, and a fine or a single fine. If the amount is huge, it is sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and a fine. If the amount is particularly huge, it is sentenced to fixed-term imprisonment of not more than ten years or life imprisonment, and a fine or confiscation of property. Because of the absolute and relative differences in this penalty provision, the discretion of the ancient judges in the punishment was very small.

The intentional homicide stipulated by the Tang Law mainly refers to murder without premeditated temporary intentions. This is the case. According to the provisions of the Tang Law, "those who kill people will be killed." That is, those who intentionally kill people will be punished with beheading. Unlike modern criminal law, the sentencing of intentional homicide is "death penalty, life imprisonment and fixed-term imprisonment of more than ten years", which is very flexible. Judges can make judgments based on the case, but the judges have no choice in the provisions of the Tang Law.

As for the degree of legitimate defense in this case, this is not considered in the Tang Law. The Tang Law stipulates that the situation where self-defense can be carried out is very narrow, and it is limited to several situations: one is to break into someone else's house for no reason at night, "the owner will kill immediately, and the second type is to fight each other, "the person who then takes action will be reduced to the second level. The person who dies will not be reduced." That is to say, in this case, the punishment is only reduced, and there is no exemption, and there is a state of fighting between the two. The third type is to grandparents, parents are beaten and beaten, and their descendants help to defend, "not the injured. No matter what, the injured, the third type is to reduce the third level of the fight and the injured, and the dead. According to the regular law." In addition, defense is not allowed.

This situation in this case does not fall within the scope of self-defense. Therefore, there is no way to reduce the punishment on the grounds that the other party is beating, scolding and teasing women. This is the difference between Tang Law and modern criminal law, and it is also what Xiao Jiading feels that this case is difficult.

Xiao Jiading has been thinking about this matter all the way, but he still has no idea. He decided to interrogate the defendant and see the situation.

Because the case had just been concluded and had not been transferred to the prefecture government office, I heard that the King of Shu was going to come down to arrest the prison, so I put it in the county jail waiting.

Xiao Jiading came to the county jail to interrogate the criminal Yan Erlang.

Yan Erlang committed intentional homicide, but his appearance was not as fierce and cruel as he looked, which gave people a disproportionate feeling, making people unable to believe that such a thin person could kill a person with one stone. However, many things are like this, and this is what a person cannot behave like.

Yan Erlang confessed to his crimes, and at the same time, it was proved by the testimony of the maid who was bullied and teased and the other two witnesses, so there was nothing wrong with the case itself. Xiao Jiading chatted with him about family matters: "Did you think of your mother when you were murdering? Your brother doesn't care about him. She is now old and has no support. What should you do if you let him do?"

Yan Erlang lowered his head and cried, and said, "I was just angry at that time and didn't think so much... It's because I was not good enough and didn't take good care of me..."

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

Yan Erlang sighed: "Apart from the favor and reward of our master to get married, what money can we get married? How can we get married?"

"Are your master not good to you?"

"It's okay..." Yan Erlang spoke a little hesitantly.

"Since you're so good, you're so old, why don't he make a family for you? There should be a lot of maids in his house? Isn't it enough to be a pair?"

"This..., the master has passed away. The young master is busy with business and has no time to take care of us..."

Xiao Jiading asked casually: "When did your master die? When did it happen?"

"It was the day when I killed the beast, so the young master scolded me and said that I was the one who angered the master to death."

"Is that so? Then do you think your master was so angry that you were angry to death?"

"How is that possible!" Yan Erlang raised his head, "The master has always been very nice to our servants and to me, and often praises me for being diligent and willing to work. Whoever is my wife will be blessed in the future? He has been seriously ill in bed for more than half a year. The doctor said that he was just being beaten and killed by those days. In addition to the fact that he often bullies people and bullies the maids in the mansion, I was very angry, because he beats and scolds the maids outside the master's house that day, and the master is in the house, and it is almost impossible. The old lady said that he kept going, and I was so angry that I killed him with a stone."

"Why don't you deal with such an evil slave?"

"We are kind-hearted and treat us servants very well. We will not punish us too severely. At most, just a few words of reprimand will be a very heavy punishment."

Xiao Jiading returned to the previous topic: "Now your mother has no care. In order to plead for you, she knelt down at the door of the palace every day. She is already seventy years old? It's rare to be seventy years old! If you are executed and your mother has no one to take care of you, you may starve to death. You have killed you and your mother!"

Yan Erlang knelt on the ground and cried loudly.

Xiao Jiading sighed and said, "I'm going to find your brother now to see if I can persuade him to take care of your mother."

Yan Erlang cried and said, "No need to go. He refused to take care of his mother and abused his mother before. For this reason, his mother once sued the yamen. The yamen also caught him and beat him with a board. He hated his mother even more for the reason. He was so angry that he thought that he had not given birth to this son. He had never met him for many years. This time I was imprisoned and asked someone to bring him a message to take care of me, but he said that my life and death and I had nothing to do with him."

"If you don't support the elderly, this is a traitor! The yamen can cure his crime!"

"Even if you arrest him for punishment, he will hate me even more when you hit the board. If you lock me up, there will be no one to take care of me."

Xiao Jiading thought about it, and suddenly felt a little discouraged. He thought that such unfilial descendants must be punished well. After the case is handled, he will come back to settle the score with him!

But now it seems that it is not a good idea to ask his brother to take care of me. He will only send me to the fire pit. He still has to find another way.

After leaving the prison, Xiao Jiading decided to go to Mr. Zhang's mansion overnight to investigate. Because they only work for one day here and have to leave for the next stop after lunch tomorrow, so to deal with this case, they can only take out the draft opinions to report to King Li Ke of Shu overnight. After he agrees, he can go to court for trial tomorrow morning.

Their external relocation work for the prisoners this time was accompanied by local Zaoli. Xiao Jiading and Tang Sima's relationship with the county magistrate of Jiulong County already knew about it, so he deliberately cursed it. This time, because according to regulations, local officials were not allowed to participate, so he sent a captain to accompany him in person, as well as local gentry.

The group came to Mr. Zhang's house. Mr. Zhang had already died of illness the night when Yan Erlang beat Lu Chao to death. The current parents are his son, Mr. Zhang.

This young master Zhang is a businessman. The businessman's status in the Tang Dynasty was very low, and he was even more afraid when he saw an official, and he had nowhere to let go. When Xiao Jiading explained his purpose, he became energetic and angrily scolded: "Yan Erlang looked honest, but unexpectedly he was a bad slave. He was bold and arrogant. When the old master was in critical condition, he raped other slaves and angered the old master to death! He must be severely punished!"

The young master Zhang was emotional, not what Xiao Jiading hoped, and he could not find any solution to this case. So he asked him to leave and instead asked Mr. Zhang's wife. The old lady had not recovered from the pain of losing her husband. When talking about this, she couldn't help crying again.
Chapter completed!
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