The daily life of Dali Siqing
Chapter 280 On the Crime Chapter
Chapter 280 On Crime
"This case was originally just a case in which Zhang San, a hunter in the mountains, shot and killed the son of Zuo Tunwei General Wen Jie. It involved only legal issues, but according to Zhang San's confession and some recently integrated information, Zuo Tunwei General Wen Jie and his son Wen Pojun are suspected of raping women and harming the common people!"
After Yang Qingyuan finished speaking, Li Xunhuan and Yao Jie looked at each other, knowing that this matter was indeed under the supervision of the Metropolitan Procuratorate.
Although Dali Temple can also judge officials, it is only restricted to officials who are below the fifth rank and have been convicted of crimes.
Wen Jie is the imperial court's Zuo Tunwei General, with the official title of the third grade. The investigation of officials of this level is not authorized by the Dali Temple family.
Even if the crime is verified, it needs to be reviewed by the three divisions, and finally reported to the emperor of Zhou for approval.
"Let me tell you about the current case!"
Yang Qingyuan got up, and a wooden board with pulleys came from one side.
This is a special product of Dali Temple. The wooden board with pulleys has a magnetic back and is equipped with a small magnet to fix the paper. It is very useful for discussing the case or internal meetings of Dali Temple.
Of course, the disadvantage is waste paper, but the latest blackboard chalk has been developed and produced by craftsmen, and when it is completed, it will be fully promoted to Dali Temple and the six doors.
Yang Qingyuan narrated the case while writing on the paper.
"The current case is as follows: On April [-]th, Li Qingning, the daughter of Li Chengguang, the servant of the Ministry of War, went to Cuihua Mountain with his servants to collect scenery and paint. San Zao followed behind, so taking advantage of his unpreparedness, he shot Wen Pojun to death with a bow and arrow, and saved Li Qingning..."
Yao Jie has always been a chivalrous man, when he heard this, he immediately complained.
"Okay! What a man! Brother Yang, Zhang San is not only incapable of committing a crime, he should also be commended to show his righteous deeds. If everyone has the spirit of being a hero, who would dare to do evil!? "
Yang Qingyuan shook his head, "This is Zhang San's confession! You two should see for yourself!"
Li Xunhuan and Yao Jie took the confession, and after reading it, they had different expressions.
Coincidentally, according to Zhang San's own confession, he didn't know that Wen Pojun was committing misdeeds at that time, and he didn't see Li Qingning. He just wanted to avenge his father, so he followed Wen Pojun all the way to Cuihua Mountain.
Taking advantage of Wen Pojun's dismissal of servants and lax defenses, he shot Wen Pojun to death from a distance, but did not see clearly what Wen Pojun was doing at that time?Afterwards, although they saved people, they only did so when it was confirmed that Wen Pojun was dead.
That is to say, Zhang San had no idea of saving people at that time, only the idea of killing people.
Yao Jie, fell silent, this case is indeed difficult to judge.
Yang Qingyuan said with a smile, "Okay! Leave this matter to me! You two have more important matters."
Yang Qingyuan took out another confession.
"This is Zhang San's confession that day, claiming that Wen Pojun raped and killed his sister and seriously injured his father to death! I then sent people to investigate and found that Wen Pojun had murdered the people and raped (separator) women, and Some of the crimes have been investigated, and during the investigation process, it was discovered that his father, Wen Jie, was also involved. This is the purpose of asking the Metropolitan Procuratorate to intervene!"
Yang Qingyuan took another file from the case and handed it to Yao Jie and Li Xunhuan.
"These are some things that have been found so far. This is a copy I sent someone to transcribe. The two of you can take it back and study it carefully."
The two took a look at the case file, only to find that Wen Jie was involved in so many illegal things.
"There are only witnesses for these things, and there is no specific physical evidence to prove the facts, so two more verifications are needed!"
After Li Xunhuan and Yao Jie took over the files, they knew that this matter was difficult.
But again, this is also a big list. If the General Zuo Tunwei can win the third rank, the business performance of the Metropolitan Procuratorate in the first half of the year will be stable!
"Brother Yang, the two of us will leave first! We have to go back to Yazhong to discuss this matter with Lord Yuanzheng!"
The case involved a third-rank General Zuo Tunwei. Although his position was only false, it was still a big case. Li Xunhuan and Yao Jie didn't dare to delay. After accepting the case file, they stood up and left.
"Then brother Li and Dongming have worked hard!"
Yang Qingyuan got up and saw them off.
"Brother Yang stay here, I'll take my leave."
After speaking, the two left in a hurry.
After seeing off Yao Jie and Li Xunhuan, Yang Qingyuan returned to the table again.
Wen Jie's matter can be handed over to the Metropolitan Procuratorate for investigation. Yang Qingyuan must first clarify the current situation of the case.
The case of Zhang San is very complicated. All crimes committed in the criminal law should be based on the unity of subjectivity and objectivity. It depends not only on the criminal's subjective viciousness, but also on the social harmfulness of his behavior.
In the case of Zhang San's murder, from the subjective perspective of the three of Zhang, he only had the intention to kill, not to save others.
From an objective point of view, Zhang San committed a murder, but it did not result in a murder. Instead, he saved Li Qingning from Wen Pojun's clutches.Not only did not cause harmful results, but also protected the legal interests of society.
For the laws of the Great Zhou Dynasty, refer to the previous law for details, and it is customized today.
On the basis of referring to the ancients, combined with the current actual situation.
There are also classifications for intentional and negligent, but Zhang San's situation is very complicated now.
The laws of the Great Zhou Dynasty refer to the most pre-Qin "Fa Jing", "Qin Law" and the "Yonghui Law" of the former Tang Dynasty.
The law of the former Qin Dynasty divided the criminal behavior into intentional and negligent, intentional as "duty" and negligent as "improper".
Those who are right are more serious; those who are not right are lighter, and they can be punished with silver.
In the "Yonghui Law" of the former Tang Dynasty, the analysis of criminal intent is more detailed, and crimes are divided into "reason", "conspiracy", "mistake", "loss", "unawareness", and "negligence".
The word "Gu" is intentional, which is applicable to most intentional crimes.
The word "mou" has a similar meaning to the word "gu", but it is only applicable to the crimes of "ten evils"!
The ten evils are treason, treason, treason, treason, immorality, disrespect, filial piety, disharmony, injustice and civil strife.
The word "mou" is equivalent to the word "gu" in the "ten evils".
The word "mistake" is a fallacy, which means that knowledge does not conform to reality, and refers to criminal behavior caused by shallow knowledge and lack of awareness.
The word "lose" refers to the negligence and crime of officials when they perform official duties, and it is exclusively used for officials.
"Negligence" refers to people's negligent behavior, which is beyond the reach of eyes and ears, and beyond the reach of thinking.
The last "unawareness" refers to knowing or should know but not discovering because of one's own negligence.
It should be said that Zhang San lived up to his reputation as an outlaw lunatic, and Yang Qingyuan felt a little troublesome as soon as he made a move.
This case, even in the laws of the later generations of Blue Star, is still controversial.
The views of the students who stayed in Japan and those who stayed in Germany, that is, the theory of behavior without value and the theory of result without value, are also completely different.
(End of this chapter)
"This case was originally just a case in which Zhang San, a hunter in the mountains, shot and killed the son of Zuo Tunwei General Wen Jie. It involved only legal issues, but according to Zhang San's confession and some recently integrated information, Zuo Tunwei General Wen Jie and his son Wen Pojun are suspected of raping women and harming the common people!"
After Yang Qingyuan finished speaking, Li Xunhuan and Yao Jie looked at each other, knowing that this matter was indeed under the supervision of the Metropolitan Procuratorate.
Although Dali Temple can also judge officials, it is only restricted to officials who are below the fifth rank and have been convicted of crimes.
Wen Jie is the imperial court's Zuo Tunwei General, with the official title of the third grade. The investigation of officials of this level is not authorized by the Dali Temple family.
Even if the crime is verified, it needs to be reviewed by the three divisions, and finally reported to the emperor of Zhou for approval.
"Let me tell you about the current case!"
Yang Qingyuan got up, and a wooden board with pulleys came from one side.
This is a special product of Dali Temple. The wooden board with pulleys has a magnetic back and is equipped with a small magnet to fix the paper. It is very useful for discussing the case or internal meetings of Dali Temple.
Of course, the disadvantage is waste paper, but the latest blackboard chalk has been developed and produced by craftsmen, and when it is completed, it will be fully promoted to Dali Temple and the six doors.
Yang Qingyuan narrated the case while writing on the paper.
"The current case is as follows: On April [-]th, Li Qingning, the daughter of Li Chengguang, the servant of the Ministry of War, went to Cuihua Mountain with his servants to collect scenery and paint. San Zao followed behind, so taking advantage of his unpreparedness, he shot Wen Pojun to death with a bow and arrow, and saved Li Qingning..."
Yao Jie has always been a chivalrous man, when he heard this, he immediately complained.
"Okay! What a man! Brother Yang, Zhang San is not only incapable of committing a crime, he should also be commended to show his righteous deeds. If everyone has the spirit of being a hero, who would dare to do evil!? "
Yang Qingyuan shook his head, "This is Zhang San's confession! You two should see for yourself!"
Li Xunhuan and Yao Jie took the confession, and after reading it, they had different expressions.
Coincidentally, according to Zhang San's own confession, he didn't know that Wen Pojun was committing misdeeds at that time, and he didn't see Li Qingning. He just wanted to avenge his father, so he followed Wen Pojun all the way to Cuihua Mountain.
Taking advantage of Wen Pojun's dismissal of servants and lax defenses, he shot Wen Pojun to death from a distance, but did not see clearly what Wen Pojun was doing at that time?Afterwards, although they saved people, they only did so when it was confirmed that Wen Pojun was dead.
That is to say, Zhang San had no idea of saving people at that time, only the idea of killing people.
Yao Jie, fell silent, this case is indeed difficult to judge.
Yang Qingyuan said with a smile, "Okay! Leave this matter to me! You two have more important matters."
Yang Qingyuan took out another confession.
"This is Zhang San's confession that day, claiming that Wen Pojun raped and killed his sister and seriously injured his father to death! I then sent people to investigate and found that Wen Pojun had murdered the people and raped (separator) women, and Some of the crimes have been investigated, and during the investigation process, it was discovered that his father, Wen Jie, was also involved. This is the purpose of asking the Metropolitan Procuratorate to intervene!"
Yang Qingyuan took another file from the case and handed it to Yao Jie and Li Xunhuan.
"These are some things that have been found so far. This is a copy I sent someone to transcribe. The two of you can take it back and study it carefully."
The two took a look at the case file, only to find that Wen Jie was involved in so many illegal things.
"There are only witnesses for these things, and there is no specific physical evidence to prove the facts, so two more verifications are needed!"
After Li Xunhuan and Yao Jie took over the files, they knew that this matter was difficult.
But again, this is also a big list. If the General Zuo Tunwei can win the third rank, the business performance of the Metropolitan Procuratorate in the first half of the year will be stable!
"Brother Yang, the two of us will leave first! We have to go back to Yazhong to discuss this matter with Lord Yuanzheng!"
The case involved a third-rank General Zuo Tunwei. Although his position was only false, it was still a big case. Li Xunhuan and Yao Jie didn't dare to delay. After accepting the case file, they stood up and left.
"Then brother Li and Dongming have worked hard!"
Yang Qingyuan got up and saw them off.
"Brother Yang stay here, I'll take my leave."
After speaking, the two left in a hurry.
After seeing off Yao Jie and Li Xunhuan, Yang Qingyuan returned to the table again.
Wen Jie's matter can be handed over to the Metropolitan Procuratorate for investigation. Yang Qingyuan must first clarify the current situation of the case.
The case of Zhang San is very complicated. All crimes committed in the criminal law should be based on the unity of subjectivity and objectivity. It depends not only on the criminal's subjective viciousness, but also on the social harmfulness of his behavior.
In the case of Zhang San's murder, from the subjective perspective of the three of Zhang, he only had the intention to kill, not to save others.
From an objective point of view, Zhang San committed a murder, but it did not result in a murder. Instead, he saved Li Qingning from Wen Pojun's clutches.Not only did not cause harmful results, but also protected the legal interests of society.
For the laws of the Great Zhou Dynasty, refer to the previous law for details, and it is customized today.
On the basis of referring to the ancients, combined with the current actual situation.
There are also classifications for intentional and negligent, but Zhang San's situation is very complicated now.
The laws of the Great Zhou Dynasty refer to the most pre-Qin "Fa Jing", "Qin Law" and the "Yonghui Law" of the former Tang Dynasty.
The law of the former Qin Dynasty divided the criminal behavior into intentional and negligent, intentional as "duty" and negligent as "improper".
Those who are right are more serious; those who are not right are lighter, and they can be punished with silver.
In the "Yonghui Law" of the former Tang Dynasty, the analysis of criminal intent is more detailed, and crimes are divided into "reason", "conspiracy", "mistake", "loss", "unawareness", and "negligence".
The word "Gu" is intentional, which is applicable to most intentional crimes.
The word "mou" has a similar meaning to the word "gu", but it is only applicable to the crimes of "ten evils"!
The ten evils are treason, treason, treason, treason, immorality, disrespect, filial piety, disharmony, injustice and civil strife.
The word "mou" is equivalent to the word "gu" in the "ten evils".
The word "mistake" is a fallacy, which means that knowledge does not conform to reality, and refers to criminal behavior caused by shallow knowledge and lack of awareness.
The word "lose" refers to the negligence and crime of officials when they perform official duties, and it is exclusively used for officials.
"Negligence" refers to people's negligent behavior, which is beyond the reach of eyes and ears, and beyond the reach of thinking.
The last "unawareness" refers to knowing or should know but not discovering because of one's own negligence.
It should be said that Zhang San lived up to his reputation as an outlaw lunatic, and Yang Qingyuan felt a little troublesome as soon as he made a move.
This case, even in the laws of the later generations of Blue Star, is still controversial.
The views of the students who stayed in Japan and those who stayed in Germany, that is, the theory of behavior without value and the theory of result without value, are also completely different.
(End of this chapter)
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