Chapter 88 The boss who doesn't know the law
After coughing twice, the magistrate Kang stabilized his emotions and began to report: "The offender Wu is the wife of the Yuanmai, a businessman from Su Laocai, who is a businessman in the county. Because he had a dispute with Su Laocai's five concubines, Liu, stabbed Liu to death on the spot. Liu's biological daughter Su Yunxia ran to the county government to sue his mother Wu's murder. The county arrested Wu, and after the trial, Wu confessed to the murder. He had already sentenced the hanging according to the criminal law. The offender Su Yunxia sued his legitimate mother and disobeyed the criminal, and was hanged according to the law, so he immediately put him in prison. During the trial, an accident occurred. Cai Laoshan, a villager in Kuliu Village, where the deceased Liu's mother's family was located, suddenly
After being beaten up for Su Yunxia, he was told that Cai Laoshan claimed that Su Yunxia was not Su Laocai's daughter, but that he was raped by Liu before he was taken into a concubine, and begged for investigation and retrial. He felt that the matter was serious, so he immediately stepped down and asked for investigation. After investigation, many witnesses from Kuliu Village proved that Cai Laoshan did covet Liu and had acted frivolously. At the same time, he also identified Su Yunxia very much like Cai Laoshan when he was young. Su Laocai and several concubines had long suspected that Su Yunxia was not born by Su Laocai, but was suffering from the lack of evidence. Now that the matter is exposed, he demanded that Cai Laoshan be severely punished and Su Yunxia be driven out of the house."
Speaking of this, County Magistrate Kang looked at Zhong Facao and Gu Sifa and found that the two were quite surprised. He didn't seem to be unhappy in his expression, so he felt a little relieved. Then he said, "Because Su Yunxia was originally committed for a death row in this case, but now she has to be sentenced to not guilty. The situation is serious, so I came to ask for instructions."
Zhong Facao frowned and looked at Gu Siju. Gu Siju knew her intentions and said in a deep voice: "Since it is a lawsuit against his legitimate mother and a disobedient criminal, he should be executed, and to be acquitted?"
When Xiao Jiading heard this, he sighed in his heart. The judiciary of the prefecture is equivalent to the vice president in charge of criminal law in the provincial high-level law. Since he asked such an ignorant legal question, it only means that he is not familiar with the corresponding criminal law provisions. This is no wonder. He ranks at a high level and the specific cases are planned by the clerk below. He only needs to sign it. If he is not sure about it, he can ask someone to come up and ask. But now he suddenly encounters such a legal problem. He does not know the provisions, and it is difficult to ask the clerk to ask. He could not ask the clerk to ask before he asked the matter. He could not ask the clerk first, put the matter aside, and then make a decision. Unexpectedly, he actually asked it on the spot, which made people know the true details of his unaware of the law!
This may be because he is impatient, or maybe it is because there are many judges who don’t understand the law. If the eldest brother doesn’t talk about the second brother, he will be used to it. Xiao Jiading hopes that it is the former, otherwise, it would be really funny to handle the case between a group of judges who are almost ignorant of the law.
County Magistrate Kang did not understand the criminal law. Although Xiao Jiading had explained the relevant legal provisions to him before, he was still a little inaccurate. He glanced at Xiao Jiading and smiled at Zhong Fa Cao and said, "This case was investigated by Xiao Jiading, a low-level official, and asked him to report it to the two adults."
Zhong Facao glanced at Xiao Jiading, a bearded smile appeared on the corner of his mouth, and said, "You are the talented man that Sima Tang highly praised? I have long admired your name. Your poems are very good, and many poems have begun to spread in Yizhou. It's amazing, and the younger generation is terrifying!"
Xiao Jiading smiled, and did not answer his topic, but said lightly: "Zhong Facao has been awarded too much," then he opened the relevant laws and went directly to the topic: "I will briefly report to the two adults the relevant legal provisions involved in this case. - Article 44 of the "Yonghui Law" Fighting Article: 'Those who sue grandparents and parents are snatched. (It is said that if you are not a crime of sitting in a fate, or those who sue the above, and who are suing the above. The next article stipulates that unless it is a treason, great rebellion and snatching must be committed in addition to their own crimes. If other crimes are reported, they will be punished..."
"Yes!" Gu Sifa interrupted loudly, "The father is the son, and there is no crime! How can he sue his parents? Such a person is disobedient and disagreeable! Also, how can you sentence the death penalty to Wu? Her daughter went to the yamen to sue, which is equivalent to her surrendering herself! In surrendering herself, she must be exempted from the punishment! She should be released, why is she sentenced to death? - I said, Magistrate Kang County, these criminal clerks in your Shaocheng County, this law is very problematic! If you don't know how to understand, pretend to understand! If you continue to sentence yourself, there will be a big problem!"
When he heard Gu Siju came up, he was so angry that his face turned pale. County Magistrate Kang was so nervous that he didn't understand what children sued his parents, which was equivalent to surrendering himself and could be exempted from punishment. If this is true, he sentenced Wu's death penalty. Isn't that a huge wrong case? I immediately looked at Xiao Family Ding nervously.
After hearing Gu Sifa's words, Xiao Jiading smiled bitterly in his heart and thought to himself that it is not someone else who pretends to understand. It is you Gu Sifa himself! If it is not that you really don't understand the law, or you have something in secret, then Su Laocai can come to bribe him. Could it be that he cannot bribe you Gu Sifa? Su Laocai's purpose is to evade Wu's crime. This is a reason. For those who do not understand the law, this is a glorious reason. There is no need to report a case that is sentenced to innocent people, and the above will not know that outsiders think that it is really like this. This is called turning hands and turning hands and turning hands and turning rain!
If this Gu Sifa does not understand the law and speaks nonsense, Xiao Jiading can barely accept it, but if he knows the legal provisions and says this on purpose, it is a typical example of favoritism and abuse of power!
Xiao Jiading waited for him to finish his words and said slowly: "I will explain the issue of Wu's death sentence first. That is, the criminal law stipulates: 'If the law is compatible with the hidden person, the leader and the person who tells each other will follow the law of surrendering himself', that is, children and parents must conceal each other's crimes, if the child reports it, it is equivalent to the parents who commit the crimes surrender themselves. At the same time, it also stipulates that 'If all crimes are surrendered before the crime is committed, the crimes can be exempted from the guilt..."
"How is it? I'll just say it!" Gu Sifa Yangyang said proudly and looked at the Magistrate Kang County, "I said Magistrate Kang County, this case is a wrong case..."
"Gu Sifa!" Zhong Facao interrupted Gu Sifa, "You listen to Xiao Zhiyi finish his words first!"
"Yes, yes!" Gu Sifa hurriedly bowed.
Zhong Facao's performance did not make Xiao Jiading grateful, but instead made him alert. He should have seen that he was confident about this case. If he did not let himself speak now, he would definitely report to Tang Sima. If Tang Sima accepted his opinion and ordered them, they would still have to do it, and then they would be passive at that time. If he thought of this, he would have made up his words, which should be a decision to make a decision. If this is the case, Zhong Facao's cunning would be more profound than Gu Siju! You must be careful.
Xiao Jiading then continued: "Article 37 of the famous examples of "Yonghui Law" stipulates: 'If you surrender yourself to someone's injury or injury, you will be exempted from the crime of being killed or injured, and you will still be killed or injured according to the law.' This means that for intentional injury and intentional homicide, if it is caused by other crimes, you can only be exempted from the crime of intentional homicide or intentional injury. For example, if you are found by the victim in the theft and killed the other party, you can surrender yourself to the crime of theft, but the crime of murder cannot be exempted. Back to this case, the cause of the crime of Wu Wu was a dispute with Liu, and there is no corresponding crime, so there is no problem of exempting the crime of cause. Her intentional homicide, regardless of whether there is a crime of cause or not, cannot be exempted from the crime of surrender. Therefore, we have made a death sentence on her. This is based on legal basis."
After hearing what Xiao Jiading said, County Magistrate Kang breathed a long sigh of relief and a smile appeared on the corner of his mouth.
Gu Sifa was stunned for a moment and seemed to be muttering to himself: "Is there such a regulation..."
He did not want to read the "Yonghui Rule" in his hand, so naturally Xiao Jiading would not take the initiative to send the book.
Gu Sifa glanced at Zhong Facao, who was still expressionless. Gu Sifa said to his servant: "Go and call Xing Zhiyi!"
Xing Zhiyi and Xiao Jiading's heart moved. Could it be that the one who was the one who was arrested by the censor of Deng Quansheng in the county government office, Du Dayin, once said that this person was proficient in criminal laws and was very smart. If it were him, then Gu Siju's previous statements should be his idea. Although it is not very clever, it is very deceptive.
Then Xing Zhiyi should be waiting outside for an order, so he came in soon. Sure enough, it was the original Zhiyi Xing Xuzhong of County Wei Wei Deng!
Xing Xuzhong stepped forward to salute and stood beside Zhong Facao.
Gu Sifa said: "Mr. Kang County Magistrate, I have decided to transfer Xing Zhiyi to our government office to serve as my Zhiyi. What do you think?"
After Deng Quansheng was arrested, Xing Xuzhong did not come to the yamen. Unexpectedly, he was transferred by Zhong Facao, and he did not greet the county magistrate Kang in advance. After all, Xing Xuzhong was a clerk of the county magistrate. He wanted to be transferred to the prefecture government office. Although he did not need to obtain the consent of the county magistrate, he had to at least inform him. As a result, he transferred the person without saying a word, which made the face of Kang County Magistrate Kang look a little bad. However, since Zhong Facao was present and had no objection, he must have been clear about this matter, so why bother to care about this? County Magistrate Kang said embarrassedly: "Okay, I naturally have no objection to the humble prose."
Zhong Facao turned to Xing Xuzhong and said, "Just just now, Xiao Zhiyi said that he was willing to kill someone and could not surrender himself and exempt himself from punishment. Is that true?"
Xing Xuzhong glanced at Xiao Jiading quickly, and Xiao Jiading felt the surprise in his eyes. Then, Xing Xuzhong lowered his eyes and said, "Wu was accidentally manslaughtering."
As soon as he heard this, Gu Sifa immediately knew that Xiao Jiading was right, so Xing Xuzhong changed the topic and caught another question. He immediately said: "Yes! This Wu family did not intentionally kill people, but manslaughter. How was manslaughter sentenced?"
Xing Xuzhong said expressionlessly: "Article 24 of the Criminal Law Fighting Article 24 stipulates: 'If a wife beats, hurts, kills a concubine, fights, hurts, and kills a wife. If a manslaughter is done, no matter what kind of person is killed by a wife, no matter what the crime is committed by a wife."
Chapter completed!