Chapter 19 Jiaozhou chaotic Zhu Fu died The previous mage was assassinated 8

As soon as Nan Ye's words came out, there was an uproar around the audience. Since ancient times, this prisoner's guilt and innocence has been decided by the official. When did you hear that public opinion can change the official will? Besides, the evidence of this female assassin's bold assassination of Master Nanye is conclusive. It is not too much to be punished and abandon the market. How can there be doubts about the seriousness?

Listening to the discussion around him, Nan Ye understood why the county magistrate should be shocked and the judge should have a mace. It seems that it is not easy to keep quiet during the trial. He didn't have any professional tools in his hand, so he clapped his hands and shouted, "Quiet! Silence!"

After the scene of drug treatment just now, Master Nanye's prestige in everyone's hearts has risen to a higher level, so when he shouted, everyone calmed down and waited for the next step.

Seeing that the crowd calmed down, Nan Ye continued, "Now the people's daughter is sentenced..." As soon as he said that, Nan Ye couldn't go on. He turned his head and asked the girl assassin, "Who is your last name? Come on!"

The girl assassin was very vigilant. He thought that Nan Ye was tempting to confess, so he replied, "The people are nameless!"

When Nanye saw that she didn't say anything, she didn't ask any more, and then said, "Now the case of a people's daughter's nameless assassination of Nanye, the new assassin in Jiaozhou."

Not to mention that the soldiers and businessmen around him feel awkward, even Nan Ye himself feels wrong. Isn't this the case of his own trial? However, in order to spread some legal concepts with the case, Nanye had to go through the necessary procedures.

Nanye asked Xi Zhicai to prepare paper and pen records, and then stated the case: "Today, the people's women were instructed to gather 18 people, dressed up as suing the people, intercepting the road, and wanted to assassinate the new Jiaozhou assassin Nanye. Nanye's personal guard fought back, killed 18 assassins, and captured unknown. Zhou Cang, the deputy commander of the personal guard, was injured by an unknown poison arrow. The facts of the case are clear and the evidence is conclusive, and the sentence is pronounced on the spot.

Everyone around raised their ears to hear how Master Nanye broke the case. The legal system of the Han Dynasty is the combination of punishment and etiquette. This legal feature stems from Dong Zhongshu's proposition of "deposing hundreds of schools and respecting Confucianism". At the same time, Dong Zhongshu also created the principle of prison in the Spring and Autumn Period and the conviction of criminalism. The so-called Spring and Autumn Prison is convicted according to the scriptures of the Spring and Autumn. If the subjective motives of the parties conform to the Confucian scriptures, even if they break the law, it is not a crime. Anyone who violates the scriptures will be convicted if they do not break the law.

Although the abolition of cruel criminal law such as corporal punishment in the Qin Law has a certain degree of advanced nature, it has abandoned the legal tradition of the Qin Dynasty legal family's affairs in the law and no hierarchy of punishment, turned the legal system into human rule, and deviated from the principle of judicial trial based on facts and law as the criterion. It not only has great arbitrariness and subjectivity, but also makes emperors and bureaucrats above the law. It seems that there is a law to follow, but in fact it cannot be followed. How to judge the case depends on the emperor and officials.

Because of this arbitrary legal system, most officials in various places can judge cases at will. As long as they can tell the truth convincingly, they can judge the case no matter how they want. This also facilitates Nanye's ruling. Even if he uses modern law to judge the case, as long as it is reasonable, no one will question it.

When Nan Ye saw that everyone's attention was focused on himself, he said, "It's natural to kill people and repay their debts. The nameless woman led the assassin to commit intentional homicide and be executed according to the law. Nan Ye and his guards were innocent of self-defense and innocent of killing 18 assassins for self-defense.

The people present nodded after listening to Nan Ye's words. Although they had never heard of intentional homicide and self-defense, they could also understand the meaning. The result of this sentence was completely unexpected.

Unexpectedly, Nan Ye turned around and said, "Although the nameless woman was deliberately murdered, Nanye's extremely close guard did not die for the time being. Only Zhou Cang was seriously injured, which was an attempted murder and should not be the same as the crime of murder. The woman of the people is now sentenced to temporary imprisonment without a name. If Zhou Cang dies of poisoning, she will be punished as murder and sentenced to death. If Zhou Cang recovers, he will be punished according to the crime of attempted murder to serious injury.

When Nanye's words were in an uproar, the assassination of a state was the following major crime of violation of the scriptures. Even if it failed, its motivation was enough to kill him. The charge of assassinating the history is almost the same as the assassination of the emperor in the eyes of soldiers and business travelers. They have not heard that the assassination of the emperor is not successful. If Nan Ye ordered the execution of the female assassin on the spot, there was no objection, but Master Nanye actually said that he would be convicted of Zhou Cang's injury, which is incomprehensible.

Because Nanye previously said that more than half of the questioners would change the sentence, there was a humane on the spot: "The mage punished the villain like this. This woman is unforgivable and should be killed."

Nan Ye was quite familiar with the sound, and when he looked back, it was Li Yue. Yao Cheng, Qingfeng and Mingyue also stood beside him and stared at the young assassin, obviously in favor of him. Nan Ye didn't expect that it was his own people who were the first to dismantle the stage for himself, but he didn't blame the four people. All four of them were from his own house. It's strange that they didn't talk for themselves. The key is that others also nodded one after another. It seems that most people agree with Li Yue's statement, but they are not as bold as Li Yue.

Nan Ye waved to Li Yue, called him to him, and then said to everyone: "You have doubts about the sentence. I'm afraid most of you think that these assassins should be severely punished for assassinating court officials, but I can't think so. Because today I am both a victim and a punisher. If I put my feelings at the center of revenge at the time of sentencing, this sentence is unfair. So I can only assume that the person who was assassinated is not me, and only in this way can I make a fair sentence.

After speaking to the crowd, Nan Ye said to Li Yue, "If this woman assassinates you today, and you are not dead and sue her to my assassin. Can you convince me that I sentenced her to attempted murder and causing serious injury and imprisonment?

Li Yue's eyes turned and said, "The villain is not convinced!"

Nan Ye asked with a smile, "Why don't you accept it? Is it also because of the following crimes?

Li Yue shook his head and said, "That's not true! This female assassin is a villain with a murderous heart and deserves to be executed. If it is a light sentence, she will kill again.

Nan Ye knows that Li Yue's idea is a typical Spring and Autumn Prison Thought. As long as he believes that a person is a villain in justice, he may be sentenced to death even if he does not die. Nan Ye's persuasion of Li Yue is not the purpose. His purpose is to make the majority of the people present accept the principle of de factual conviction and the idea of equality before the law.

In order to achieve his goal, Nanye had to change from a judge to a young assassin's defense lawyer and said to Li Yue: "If you want to kill, you deserve to die. Suppose that the two people clash, they both threatened to kill each other, and then the two beat each other and came to sue. Is it both of them? Should I be executed?"

"This..." Li Yue was asked and couldn't answer. Nan Ye then told everyone: "According to the scientific method of sentencing, determining the severity of a criminal's punishment should be judged from two aspects. One is his criminal facts, and the other is his criminal motives. The so-called motive refers to why he committed a crime.

The female assassin's attempted murder is a fact, and I'll look at her motives later. I have never known her. Although she did not confess to the master behind her, she was obviously instructed to come. Judging from her motives, it is not a violation of justice that she is only entrusted and loyal to others. On the contrary, it is the instructions behind her that make people have evil thoughts to harm the officials who really deserve to die.

You can see that she is still young and has nothing to do. If no one gives instructions, how can she make such a mistake to assassinate the imperial official? It was because she was young and ignorant that she was seduced by evil people and failed to assassinate, so I treated her as an accomplice and wanted to give her a chance to reform. I don't know what you think?"

In ancient China, there was no such thing as a defense lawyer, and it was the first time that people around the audience saw someone speak for the defendant. What's more surprising is that the person who spoke for the defendant is precisely the victim and verdict of the assassination, which is even more surprising. However, everyone was surprised and moved by Nan Ye's words. Looking at the girl assassin kneeling on the ground, it didn't seem to be so heinous, and they hated the master behind them.