The daily life of Dali Siqing

Chapter 281 On Crime
According to the current case, Wen Pojun was about to rape Li Qingning at that time, and the situation was critical.At this time, Zhang San shot and killed the violent Wen Pojun with a strong bow.

If Zhang San acted bravely when he saw righteousness, it would be righteous killing. Not only did he not need to be punished, but the government should reward him for his bravery and righteousness.

If Zhang San thought it was a wild beast and accidentally shot Wen Pojun to death, then he could refer to the mistakes in the "Yonghui Law" of the former Tang Dynasty.

"Yonghui Law" has a clear classification of this kind of behavior. It is recorded in the original text, "The eyes and ears are beyond the reach, the thinking is beyond the reach, and the strength cannot be restrained by lifting heavy objects. "

The translation is, because of not seeing or hearing clearly, not thinking carefully enough, lifting heavy objects together but not having enough strength, accidentally falling when climbing to a high place, shooting and killing birds and animals, all such situations cause The death or injury of another person falls under the category of negligence.

"Those who involuntarily kill or injure others shall be judged as redemption according to their status."

Those who cause injury or death due to negligence should be given a lighter punishment, and they can also be punished with silver.

When only the penalty is paid, the criminal's charges and crimes will still be recorded.

However, Zhang San's current situation does not apply to these two common situations.

From Zhang San's subjective point of view, Zhang San had the murderous intention to shoot and kill Wen Pojun, and objectively, Zhang San also carried out the act of shooting and killing Wen Pojun.

But the result was unexpected. Although Wen Pojun was shot and killed, Li Qingning was saved.

A bad intention and behavior, got a good result.

This is the most troublesome part of this case.

On the Blue Star of later generations, there are also two opposing opinions on this situation.

One is the theory of behavior without value, and the other is the theory of result without value.

The theory of behavior without value holds that in the process of Zhang San shooting and killing Wen Pojun, Zhang San lacked the subjective element of "defense awareness" because he did not know that Wen Pojun was committing rape, so his behavior was anti-value, but the result is good, so the result lacks counter-value and ultimately constitutes attempted murder.

However, if the result is worthless, it is considered that the judgment of justifiable defense does not include the subjective element of "defense awareness".

If the theory of behavior without value is applied, Zhang San will be convicted of attempted homicide.

According to the laws of the Great Zhou Dynasty, "those who murder people shall be punished for three years; those who have been wounded shall be hanged; those who have been killed shall be beheaded."

Zhang San will be sentenced to three years in prison.

If the result has no value theory, then Zhang San is not guilty.

Yang Qingyuan's pen continued to write on the paper, but it was still difficult to draw a conclusion.

Yang Qingyuan is willing to believe Zhang San's confession, judging from what he has learned, but he is inclined to the theory that behavior is worthless. Yang Qingyuan feels that sometimes the motive of doing things is more important than the result of things.

But from the perspective of personal subjective willingness, Yang Qingyuan wanted to acquit Zhang San.

Eliminating harm for the people is worthy of praise and praise.

Wen Pojun did a lot of evil, but because of his special status and privileges, he was never punished.

A detective named Sherlock Holmes in Blue Star once said.

"When the law fails to bring justice to the parties concerned, private revenge is justified and even noble from this moment on."

And Zhang San's behavior is even more reasonable from the Confucian point of view.

"Book of Rites" contains:
Zixia asked Confucius, "What is the enmity between parents and parents?" The master said, "Sleeping with thatch and pillows dry, and not being an official, I will share the world with you; when you encounter various markets and dynasties, you will not turn against the army and fight."

Zi Xia asked Confucius, "How should we treat those who have the hatred of killing their fathers?" Live with the enemy for the rest of your life. No matter where you are, you will never leave your weapon. If you meet in the market or at the public gate, draw your weapon and fight him to your death."

Zhang San's criminal motive for killing Wen Pojun was to avenge his father. Based on Confucian etiquette and righteousness, this kind of behavior not only does not need to be condemned, but is even affirmed by Confucian gentlemen.

Although Guochao did not "remove all schools of thought and only respect Confucianism", as the most prominent Confucianism at that time, it occupied a very important position in Guochao, and it would also refer to Confucianism when formulating criminal laws.

If we look at it this way, Zhang San's punishment will be reduced by another class.

Yang Qingyuan put down his pen, and the rest of the matter can only be concluded after the trial.
-
Early the next morning, Di Zhiyuan came to Yang Qingyuan's study.

"My lord! Those three servants are recruited!"

"Oh?! So fast?!" Yang Qingyuan showed surprise.

"Wen Wu and Wen Liu are just two weak bones. They all confessed after a little scare! The trouble is that Lai Fu, who was trained by the Wen family from a young age, is a diehard Wen family, with a firm will, and it took a lot of effort Just pried his mouth open."

Di Zhiyuan handed over the confession in his hand to Yang Qingyuan.

After Yang Qingyuan took it, he put it on the table, "Zhiyuan, just talk about it! Let's just discuss one or two."

After the two sat down, Di Zhiyuan said first, "My lord, these three people are all followers of Wen Pojun, but Wen Wu and Lai Fu followed Wen Pojun to Cuihua Mountain on April [-]th!"

"No!? I remember that it was recorded in Jingzhao Mansion's file that Wen Pojun brought three followers with him that day!"

Di Zhiyuan nodded and said, "That's true, but the other person is not Wen Liu, but Wen Si!"

"Where's Wen Si?!"

"Sudden illness died!"

Di Zhiyuan's answer made Yang Qingyuan puzzled, "Dead?! So suddenly!?"

Wen Si's death is too abnormal!But it didn't look like killing people to silence them, because Wen Wu and Lai Fu were still alive that day, and Wen Si was not the only one who knew about the matter.

"Let's talk first?! Let's talk about their confession!" Yang Qingyuan temporarily put aside his doubts.

"Both Wen Wu and Lai Fu have confessed. On April [-]th, Wen Pojun did follow Li Qingning's master and servant up the mountain, but their confessions were contradictory. Wen Wu said that Wen Pojun used drugs to stun Li Qingning, but Laifu said it was just a follow-up."

Di Zhiyuan continued.

"Based on my experience, it should be that Laifu wants to protect his master."

Yang Qingyuan nodded. According to the testimonies of Wen Wu and Li Qingning's master and servant, it can be basically confirmed that Wen Pojun intends to kidnap and rape people.

"Did you find anything else?! For example, Wenjie!"

Yang Qingyuan's goal is not only to clear the case, but also to find out Wen Jie's crimes behind it.

"Currently, there is nothing to gain, but Wen Liu has a word to say."

Yang Qingyuan rolled his eyes, Lao Di's habit of saying half a sentence to tease people's appetite is really bad!
"He said: servants often die in Wenfu! Over time, it has become a common thing!"

"Oh?!"

ps: The writing in these two chapters on crimes is a bit high and not well controlled, and some judges may not be able to understand it.

my pot. . . . .

(End of this chapter)