xymnovel Chapter 116: Debate on Law
Chapter 116: Debate on Law
When Xia Wenyu, the acting Vice Minister of the Court of Judicial Review, adjudicated this case, he based his judgment on the definition of intentional homicide in the "Fighting and Killing" section of Volume 21 of the Tang Code, also known as the "Tang Code Commentary". The definition was: "Killing someone without cause, not due to a fight, is called intentional homicide."
The court held that a husband's anger towards his wife was not without cause, and that killing his wife out of anger was not without cause, therefore it should not be classified as intentional homicide, but rather as murder in a fight.
However, since the husband, Fang Hao, voluntarily reported the incident, claiming he accidentally used excessive force, and given that Fang Hao's voluntary reporting constituted surrender, and his subsequent extreme remorse, the Dali Temple ruled it manslaughter.
When the Ministry of Justice and the Ministry of Personnel reviewed the case, they agreed with the verdict handed down by the Court of Judicial Review.
After reviewing the case file, Cui Lingyu turned to Su Wen and asked, "Judging from the circumstances, it does indeed conform to the laws of the Tang Dynasty. However, how can it be determined to be manslaughter?"
Having worked in criminal investigation, Su Wen immediately noticed the oddity of the situation. Although Su Wen was not an expert in law, it was clear that the other party was exploiting loopholes in the wording.
Afterwards, Su Wen and Cui Lingyu discussed it for a while, and Su Wen carefully reviewed the Tang Code Commentary again.
The next day, the morning court session began.
"If you have something to report, speak now; otherwise, the court is dismissed!"
Su Wen did experience it these past few days, but basically nothing much happened. Only a few days ago did he hear that Guo Zhiyun had won a great victory over the Tubo in Jiuqu and captured a large number of prisoners, who were being sent to the capital.
Su Wen stepped out of the court ranks and said, "Your Majesty, I have something to report!"
Upon hearing this, the sage said, "Speak!"
Su Wendao said: "Recently, Xia Wenyu, the acting Vice Minister of the Court of Judicial Review, tried a case. The defendant's name was Fang Hao. He beat his wife, Qian, to death and then reported it to the authorities. After review, the Court of Judicial Review determined it to be a fight-related murder. However, after seeing that Fang Hao regretted his actions and turned himself in, it was determined to be manslaughter!"
At this moment, the Minister of the Court of Judicial Review stepped forward and said, "Your Majesty, this case has been reviewed and approved by the Ministry of Justice and the Ministry of Personnel, and the verdict has been reached. I wonder if Minister Su, the Prison Chief, has anything else to discuss?"
Su Wendao: "According to the definition of fighting in the 'Fighting with Injuries to Hands, Feet, or Other Objects' section of Volume 21 of the *Law Commentary*, 'Contesting is called fighting, striking is called beating.' I believe that Fang Hao had no injuries, so it cannot be called mutual striking; his wife, Qian, died that night, so it cannot be called a contest. Therefore, it should not be classified as murder in a fight, but rather as intentional homicide."
The Chief Justice of the Court of Judicial Review said, "Yes, the murderer, Fang Hao, immediately called a doctor after discovering his wife was not moving. After finding her dead, he voluntarily reported it to the authorities, which constitutes surrender. Therefore, his punishment can be mitigated!"
The Vice Minister of Justice, standing nearby, also spoke up: "After Fang Hao discovered his wife was not moving, he immediately called a doctor (this was a term used in the Tang Dynasty). Fang Hao was usually humble and peaceful. That day, he became angry with his wife, which meant he had a reason, not something untoward. Therefore, killing his wife out of anger meant he killed her because of a pretext, not something untoward. Thus, it should not be considered intentional homicide. After review and deliberation by the Ministry of Justice and the Ministry of Personnel, it was determined to be homicide in a fight. Furthermore, because Fang Hao immediately called a doctor and proactively reported the incident, it was determined to be manslaughter!"
Upon hearing this, Zhang Yue, the Imperial Censor, stepped forward and said, "If in the future, everyone who kills someone calls a doctor and reports the crime, and it's considered manslaughter, wouldn't that mean everyone can legally kill?"
The Left Vice Minister of the Ministry of Personnel stepped forward and said, "Imperial Censor Zhang is talking nonsense. Even manslaughter is punishable by three years of penal servitude, exile for three thousand li, and forty strokes of the cane. How can you call it legal killing?"
Su Wendao said: "Your Majesty, the main difference between fighting and killing someone, murdering someone, and intentionally killing someone is that fighting is done without the intention to kill, while murdering someone and intentionally killing someone are done with the intention to kill."
"If it is 'a fight between people who have no prior animosity, but one fight occurs unexpectedly, resulting in death,' it is murder in a fight. If it is murder committed with pent-up resentment and murderous intent, and the person first provokes a fight through insults or other means, and then takes the opportunity to beat the other to death, then there is both direct intent to kill and premeditation to kill, which is murder."
"Therefore, killing differs from murder in that it is without premeditation; it differs from killing in a fight in that it is with the intention to kill."
"According to Fang Hao's servants, Fang Hao would beat Qian Shi whenever he drank. This was because Qian Shi had been married to Fang Hao for eight years without bearing any children, which led to gossip and criticism. Therefore, Fang Hao had long harbored resentment towards Qian Shi, and this was his way of using alcohol as an excuse to beat her. The forensic doctor Jiang Fengyu of the Classic Prison examined the deceased Qian Shi and found that her injuries were extremely severe. She had multiple fractures, ruptured internal organs, and more than thirty bruises all over her body. These injuries were caused by long-term beatings, and therefore, it can be determined as premeditated murder!"
"If the Court of Judicial Review could arbitrarily reduce the criminal liability for intentional homicide when adjudicating cases, it would cause chaos in the legal system and result in the undesirable consequence that 'those who commit intentional homicide will now be able to get away with it.'"
"The Emperor, the Court of Judicial Review, the Ministry of Personnel, and the Ministry of Justice all claimed there was a reason, not a reason. Killing one's wife out of anger is a case of killing someone because of a reason, not killing someone without a reason. Isn't this absurd?"
The word "事" in "无事而杀" should not be interpreted literally, referring to all kinds of accidents, but must be interpreted in a limited way, meaning "the matter of struggle, not other matters".
"If this 'event' can refer to all kinds of accidents, then who in this world would kill someone for no reason? Isn't that absurd?"
"The nature of this case should be examined only after correctly distinguishing between the different natures of murder in a fight and intentional homicide, and after correctly understanding the definition of intentional homicide. Fang Hao harbored deep resentment towards his wife for a long time and frequently beat her severely, causing her immediate death. If this is not intentional homicide, then what is?"
Faced with Su Wen's reasoned and well-founded rebuttal, everyone fell silent and speechless.
This completely offended the Ministry of Justice, the Ministry of Justice, and the Court of Judicial Review.
Upon hearing this, the Emperor nodded and said, "Look, as expected of the Minister of Prisons, you are so well-versed in the laws of the Tang Dynasty, and you have even pointed out the errors. Your Ministry of Personnel, Ministry of Justice, and Court of Judicial Review should all learn from this and not let your positions prevent you from studying!"
Then the sage said, "This case shall be judged as premeditated murder, as stated by the Chief Justice of the Prison, Su Wen!"
As the emperor spoke, he glanced at Gao Lishi, who immediately replied, "Is there anything else? If not, court is adjourned!"
Seeing that no one spoke, the emperor rose and began to leave. After taking two steps, he stopped and said, "Oh, I remember now, wasn't it Xia Wenyu who went during the lotus festival in Qingzhou last time?"
Those who were about to leave stopped in their tracks, and the Grand Secretary Cui Lin responded, "Yes!"
"I remember back in Qingzhou, Xia Wenyu caused a huge scandal, which led to several soldiers raping and murdering several young girls, right?"
The Minister of the Court of Judicial Review replied, "Yes!"
"Including this time, that's twice now. It seems that Xia Wenyu is not yet proficient in solving cases, nor is he well-versed in the laws of the Tang Dynasty. I think he still needs more experience!"
With that, the sage stepped down the stairs to the right and said, "Gao Lishi, send Xia Wenyu to Jiaozhou in Lingnan Province to serve as a county magistrate and gain some experience!"
"Cui Wuyi, the magistrate of Luxian County in Youzhou, has done a good job in Youzhou. The people's livelihood is quite good, and he has also assisted Su Wenzeng in solving a mysterious case in Youzhou, which can be considered a great achievement. Therefore, an imperial edict is drafted to promote Cui Wuyi to the position of Vice Minister of the Court of Judicial Review, succeeding Xia Wenyu!"
"Yes, Your Majesty!"
After saying this, the sage smiled at Su Wen, picked up the folding book in his hand, and walked away.