LRAB Chapter 568 Is there no words to add a crime?
Chapter 568 Is there no words to add a crime?
Chapter 568 Is there no words to add a crime?
"President Zhang, I was wrong, I would like to apologize, I would like to apologize, please, give us another chance."
"President Zhang, we really know we were wrong."
Kong Tai, who had just eloquently shouted "Scholars can be killed, can't be humiliated", is now crying bitterly, shouting at Zhang Fei at the top of his lungs.
The two of them used to be imperial guards, and they often went to the fireworks place, so they didn't know that those who dumped dung there were some kind of people.
Then, you should still humiliate me!
dignity?
They all went to dump the shit, and they talked about the dignity of the fart.
Of course they do!
It is almost impossible for President Zhang to work overtime.
On the contrary, this aroused the inexplicable excitement of the onlookers, and there was a lot of applause for a while. It must be known that many people were inclined to Lu Bangxing's defense before the sentence.
But now, it is unanimous applause.
It seems that throughout the ages, happiness is based on the pain of others.
Among them, Cao Dongdong and Ma Xiaoyi were the happiest. They clapped their hands hard and laughed triumphantly.
There is no doubt about this face!
It's not good for you to provoke anyone, to provoke Zhang San, you will embarrass him, his narrow-mindedness will definitely kill you!Lu Bangxing sighed secretly, stepped forward and said, "It's alright! It's alright! Don't bark, I'll discuss it with President Zhang later."
"Mr. Lu Er, please."
"Yeah! Sir, we'd rather apologize than go dump there!"
The two of them were full of tears and snot, and they regretted it!
"Understood! You must stop talking nonsense."
Lu Bangxing left behind those words.
Wei Yingfang, Cao Yi and others also got up silently, and walked out to the imperial court by the side door in a low-key manner.
"What a pity!" Wei Yingfang said with emotion.
Cao Yi said with a smile: "We didn't expect that this small case would cause much trouble to the imperial court. It's just throwing stones to ask for directions."
Wei Yingfang nodded and said, "That's right, this trial was quite successful. With so many people in the public security department, it's impossible to be impeccable. No matter how capable Zhang San is."
Talking, talking, he saw that Cao Yi was silent, turned his head to look at Cao Yi, saw Cao Yi staring blankly at the left front, and then followed his gaze, he couldn't help being startled.
I saw Han Dongniang and a handsome young man standing under the willow tree, talking happily.
That handsome son is Fu Shichun.
Just in time, Fu Shichun also looked at them, and nodded with a smile.
It can be felt from afar, the meaning of provocation.
mock up!
Playing crooked ways with brother in the land of fireworks, don't you know that brother is the founder of Fengyuebao.
Wei Yingfang couldn't help sighing: "Yes! It's not easy for them, the rich kids, to play these tricks."
Xu Zhiqian over there also quickly cleaned up, and then chased after her, "Zhang San, I think the law on molesting women is not perfect enough!"
"Not perfect enough?"
Zhang Fei rolled his eyes, and said: "Don't say it as if it was perfect before, it has always been imperfect, okay, I have spent a long time trying to find a crime to convict."
Xu Zhiqian said: "Since you know it, then you should find a way to improve it."
Zhang Fei sighed, "Don't worry about it, if it's not perfect, I'll feel uncomfortable, and I have to rack my brains for conviction and punishment. I don't want this young man to be bald."
As he spoke, he wiped his thick bun.
The husband and wife went to the backyard while doing the post-court review, but as soon as they came to the small lake, Li Si came to report and Su Zhe asked to see him.
So Zhang Fei asked Li Si to invite Su Zhe here.
"Chairman Zhang, Mrs. Zhang."
"Mr. Su, please sit down."
Zhang Fei and Su Zhe sat down, while Xu Zhiqian stood silently behind Zhang Fei.
"Mr. Su Xiao came to me in a hurry. Could it be that he felt that my judgment just now was unfair?"
Zhang Fei asked half-jokingly.
"Not at all."
Su Zhe shook his head: "President Zhang's judgment is still very fair, but it also makes me feel a little worried."
Zhang Fei asked: "Mr. Su Xiao is worried about the authority of the Royal Police?"
"Yes, but not quite."
Su Zhe said: "What I'm really worried about is the charge just cited by Judge Zhang, the power of the Royal Police, and the punishment given by Judge Zhang.
In fact, the few cases that were tried just now are not unusual in the market, but before, they were between punishment and non-punishment, and it often depends on who the opponent is, if the opponent is a dignitary, and no one is injured , It may be to calm things down, and even those yamen servants turn a blind eye and avoid it, but if they are ordinary people, they may be arrested and knocked in the yamen.
Now, the charge cited by Judge Zhang several times can be cited in many disputes, and the royal police can also arrest people, which makes the power of the royal police very terrible.
The great prime minister of the Tang Dynasty, Wei Zheng, once said, "There is no set rule in the law, and the severity of the situation is arbitrary; if you want to impose a crime, do you have no words?" '. "
In addition to this, he is still dissatisfied with Zhang Fei's penalty.
Although the charges cited by Zhang Fei, that is, "those who are in the city and among the people, cause disturbance and disturbance." This covers a lot of things, but they generally refer to them and cause panic among the people. It is aimed at falsely claiming that beasts have entered the city and causing panic.
Rarely references to brawls.
Not to mention that several cases have cited this charge.
In addition, the minimum penalty for this crime in the Song Dynasty was eighty sticks, but there was no hard labor punishment.
Although Su Zhe also knew that Zhang Fei had the power in this regard, but the crime was vague, and the punishment was up to you, and it definitely wouldn't work.
The president of the judge can judge the person according to the person. If he is unhappy, he will be given a heavy sentence, and if he is pleasing to the eye, he will be given a lighter sentence.
More importantly, the power of the Royal Police plus this charge, plus Zhang Fei's punishment, these three combined into one, the power of the Royal Police is difficult to be supervised.
If the two quarrel, they may also be arrested.
Because you can't tell whether a quarrel will disturb the market, but if it is possible to fight, then of course it is also possible to quarrel.
This will give the Royal Police a lot of room to operate.
Zhang Fei nodded and said: "Prosecutor Su is right, in fact, I have studied relevant laws and cases before this, and in this regard, the laws of my court are very strict.
If I had judged according to the law at that time, Xu Jingtian and the others could have been sentenced to the law of litigation, and the minimum sentence was three years in prison, but this is obviously unreasonable.So if I don't cite this charge, then I can only cite the seven volumes of Miscellaneous Law No. 20, the last one, those who do what should not be done. "
Su Zhe said: "Wei Zheng's words just now refer to this crime."
Zhang Fei smiled and said: "The crimes are generally discussed as miscellaneous crimes and misdemeanors. There are many similar crimes. There are many golden rules and jades. If I quote this crime, then I can't judge it too much, and this crime even I am allowed to impose the death penalty, so I do not wish to invoke this charge.
And the reason why I quoted the 432 articles of Miscellaneous Laws is that they are in the city and among the people, so they are alarmed and disturbed.It is hoped that all cases of this type will be classified under this crime, and then a very detailed regulation will be drawn up, and the punishment will be uniformly hard labor, ranging from one hour to two months, and set according to the severity of the circumstances.
It is also a supplement to distinguish between the law of fighting lawsuits and the law of robbery and theft. For example, if there are serious cases of mutual assault, it can be classified under the law of fighting lawsuits. If it is only minor, it will be classified under this law. "
Only then did Su Zhe come to his senses, and said, "It turns out Chief Judge Zhang has already considered this point."
Zhang Fei spread his hands, "I can't help it, I can't find the relevant laws and regulations."
This "doesn't deserve to be a crime", as the name suggests, is for miscellaneous laws. There are too many disputes between people, and it is impossible to write all the laws and regulations.
So how do the government regulate according to the law? If no suitable law can be found, it can use this law to make a judgment.
If there is no law and the circumstances are very serious, this law can be invoked and the death penalty can be imposed.
Of course, as far as the Tang and Song Dynasties are concerned, if the death penalty is imposed, it must go through a very strict review and must be approved by the emperor.
Officials generally don't like to impose the death penalty, because if the sentence is wrong, the emperor will definitely know.
As far as Zhang Fei is concerned, he certainly thinks that it is better to have as few such pocket crimes as possible, just as Wei Zheng said: There is no set rule in the law, and the severity is arbitrary; if you want to impose a crime, do you have no words?
Once officials invoke this charge, there is no way to fight the lawsuit.
However, Zhang Fei also considered that this is not an era of rule of law, and the laws are not perfect. If the government is not given this kind of power, more problems may be encountered, and the rich can oppress the poor at will.
This is why Sima Guang and the others have always emphasized that we must pay attention to the morality of officials. A good official quotes laws and regulations, mostly to promote good and punish evil. There are limitations of the times.
Zhang Fei didn't intend to change this law.
Therefore, Zhang Fei can only classify this public order crime as another crime, because this "doesn't deserve to be a crime" can be cited when there is no corresponding law.
The Shuyi explained very clearly that miscellaneous crimes and misdemeanors involve many kinds of crimes, and there are many golden rules and jades, all of which are inexhaustible.
But if you have relevant statutes, you cannot invoke this charge.
When the legal provisions become more detailed, this pocket crime can be further reduced.
Su Zhe said: "But I don't know how President Zhang intends to make up for this loophole?"
Zhang Fei said: "I can't do this alone. I suggest that the imperial court, the procuratorate, and the police station jointly formulate the relevant charges and specific punishments. If Mr. Su Xiao wants, Mr. Su Xiao can preside over it."
Su Zhe hurriedly said, "Don't dare, don't dare, Chief Judge Zhang came up with this idea, and Chief Judge Zhang should preside over it."
Zhang Fei shook his head and said, "I can't, I'm very busy, I have a lot of things to do."
Behind Xu Zhiqian couldn't help but look at Zhang Fei with contempt, he was just lazy when he was busy.
But Su Zhe didn't see it that way. He thought that Zhang Fei was alluding to the fact that he had to take care of disarmament, finances, and other laws and regulations, and he had no time to deal with them.So he said: "Well, that's fine. If President Zhang is not free recently, I can temporarily preside over for President Zhang."
Zhang Fei immediately cupped his hands and said, "Then I'll have to work."
Su Zhe said, "That's about the Royal Police."
Zhang Fei said: "For the time being, we can only rely on you and me to supervise and let the Royal Police know that every suspect they catch has the right to appeal to the Royal Court. Apart from this, there is no better way. If the Royal Police are given too much Restricting it too much will only backfire."
(End of this chapter)