Chapter 665: Etiquette, Law and Justice



night.

"What? You want to use the honey trap to get more information from me? Let me tell you, it's impossible. If you are not a gentleman, you will not be tempted. But you are pregnant, so you can't use the honey trap!"

Zhang Fei lay on the bed like a big boss, with his arms bent on the pillow, his legs clamped together, and standing on his toes.

Xu Zhiqian came to sit beside the bed and glared at him fiercely, "You are such a hopeless person, your mind is always full of that thing."

Zhang Fei chuckled and said, "If you don't want to, can you two get pregnant?"

"Don't talk nonsense." Xu Zhiqian said, "Tell me quickly. Although I am pregnant, I can still help you with some advice."

Zhang Fei sighed: "What's the point of planning? There's really nothing to talk about for now. Everything we know is just Liu Qing's one-sided statement.

But his words cannot be trusted. People's hearts are hidden. Who knows whether Liu Qing deliberately let his wife sacrifice herself to the monk for a living? This kind of thing has happened before, and the monk's confession is that the other party raped him first. "

"That's true."

Xu Zhiqian nodded gently and asked again: "Then what are you going to do?"

...

...

Zhang Fei said: "First find out what happened, and then make a judgment."

Xu Zhiqian asked again: "If it is true as Liu Qing said, will you help him appeal?"

"I haven't decided yet." Zhang Fei shook his head, "Because I am not Erbi now, but a prosecutor. We must look at this case completely from a judicial perspective, and not based on our own temperament.

However, the argument raised by Liu Qing is very crucial, that is, adultery should be arrested from the husband. I have read the relevant laws today, and this principle can only be violated when officials are involved. But in this case, no officials are involved, which means that the principle of adultery should be followed, but the imperial court gave a different explanation. Will this undermine this principle? This is what we should consider first. "

Xu Zhiqian nodded slightly and said, "But judging from the tone of Big Brother and the others, the scholars seem to be more supportive of the imperial court's decision."

Zhang Fei sighed and said, "This is also why I hesitate. After all, this incident happened in a special place like a temple, and the victim was a monk. The impact is really too bad. The imperial court only gave a heavy sentence out of courtesy and law. If the courtesy and law are violated, it will also bring very serious consequences. In addition, the procuratorate will also be under great pressure. This is what we must consider. If we really want to appeal, this lawsuit will not be easy to win."

After hearing this, Xu Zhiqian said, "It seems that this prosecutor and Erbi are really not the same person."

Zhang Fei said: "So I said, if I had to choose, I would rather be an Erbi, because it is more free, and the procuratorate has a lot of things to worry about."

It's a pity that I'm pregnant now and can't give him more help. Xu Zhiqian thought for a while and suddenly said, "How about you write another letter to Fang Yun and ask her to come to the capital. I heard that she has been studying law and has also taken Mr. Fan as her teacher. Maybe she can help you. At least she can be trusted."

Zhang Fei smiled and shook his head, "You forgot that before I came back, I wrote a letter to her, asking her to come to the capital, but she declined."

Xu Zhiqian asked, "But why is this happening? You care about her so much and regard her as a Qin person, but she seems to be unwilling to meet you. Is there any misunderstanding?"

Zhang Fei said: "There is no misunderstanding. Although I helped her get rid of the crime in that lawsuit, she must know exactly what happened. She probably thinks she is guilty, so she naturally doesn't want to come here and cause trouble for me."

At this point, he also felt Xu Zhiqian's worry, and suddenly sat up and gently held Xu Zhiqian in his arms, "Alright, alright, don't worry about it here as a pregnant woman. For something like an appeal, you can only do your best and face the win or loss calmly. Otherwise, you will not be qualified for this position."

Xu Zhiqian said: "I just saw that you lack help."

Zhang Fei said: "This is a public matter, so I still hope to cooperate with my colleagues in the procuratorate."

Xu Zhiqian nodded gently and said, "What you said makes sense."

"Let's rest early."

The next day.

When Zhang Fei arrived at the procuratorate, Wang Gong handed the file to him.

“So soon?”

Zhang Fei was a little surprised. Is the efficiency of this procuratorate so high?

Wang Gong smiled and said, "The Imperial Court of Xiangfu County is not far away, and we can return in one day. However, these files are not from Xiangfu County. I know that the Legislative Council requires the Imperial Courts of various counties in Tokyo to send case files to the Legislative Council every three months. Therefore, I got the case files from the Legislative Council."

"Thank you very much, Wang Duyou."

"It's my duty! It's my duty." Wang Gong nodded with a smile.

Qi Ji on the side suddenly said: "Prosecutor Zhang, it seems that the Legislative Council has also reviewed this case and believes that there is no problem."

Zhang Fei smiled and nodded, "Thank you Inspector Qi for the reminder, but we are just doing our routine work. I don't think we need to be afraid of anything that is done according to procedures."

Wang Gong smiled and said, "That makes sense. If our procuratorate is afraid, the people will be even more afraid."

Qi Ji nodded slightly awkwardly.

Zhang Fei still gave Qi Ji a grateful look, then flipped through the book. After a while, he suddenly asked, "How many more witnesses testified that the criminal Liu Qinshi was a fickle woman who seduced men?"

Wang Gong nodded and said, "There is indeed a woman who testified that the prisoner had seduced his man. Although there is no actual evidence, this indirectly supports the monk's confession and is very unfavorable to the prisoner. Therefore, Judge Qi did not allow the cane to be broken."

In fact, the legal system in the Northern Song Dynasty was relatively lenient towards matters such as adultery.

You should know that "adultery" and "rape" are crimes of two different natures and should not be confused.

The Song Dynasty Criminal Code stipulates that "all adulterers shall be sentenced to one and a half years in prison; those who are married shall be sentenced to two years in prison; those who are monks or Taoists shall be sentenced to one level more severe punishment." The maximum sentence is three years.

The imperial court of Xiangfu County imposed the maximum penalty.

However, the Song Dynasty had the "caning law", which meant that when executing punishments, the other four punishments, flogging, caning, imprisonment and exile, except the death penalty, were all commuted to caning on the buttocks or back. The punishment for the crime of adultery was "two to three years", and the punishment after commuting the caning was about twenty canings on the back.

It was not until the Ming Dynasty that the punishment was increased to ninety strokes of the cane.

If the caning can be reduced, that means twenty strokes and then the person is released. This is definitely better, as a short pain is worse than a long one. However, whether or not to reduce the caning depends more on the judge's judgment based on the case. If the nature of the crime is serious, reducing the caning will not be allowed.

Zhang Fei asked, "Didn't Liu Qin testify in court? Why is there only her confession of guilt?"

Qi Ji analyzed: "Liu Qinshi must have testified in court, because she was caught in bed with him and then sent directly to the imperial court. But I don't know why there is only her confession on it."

Suddenly, someone outside the door said, "Because this is Liu Qinshi's only confession."

Hearing the voice, Zhang Fei stood up hurriedly, only to see Fu Bi and Sima Guang walking in.

Zhang Fei, Wang Gong, and Qi Ji quickly stood up and saluted, "Your subordinates greet Lord Fu and Scholar Sima."

"No need to be so polite, everyone."

Fu Bi waved his hand slightly.

Sima Guang looked at Zhang Fei and said, "You really don't want to waste even a single day. You just took office and you're already thinking about making some noise."

The two of them were staring at Zhang Fei, fearing that this kid would make too much noise and be unable to clean it up.

But this case was something they had not expected.

Zhang Fei said helplessly, "Master Sima, you can see clearly that this is not my fault. It was Liu Qing, the offender's husband, who took the initiative to come to my house to complain. What can I do?"

Sima Guang frowned and said, "This case caused a lot of uproar at the time. Everyone has seen it, and there was nothing wrong with the verdict. But it happened to fall into your hands, so there is a problem."

Zhang Fei said: "I am just doing my routine work. I am not really going to appeal. Please take a seat first."

Fu Bi and Sima Guang sat down, and Fu Bi asked, "Did the other party file an appeal on the grounds of adultery with the husband?"

Zhang Fei nodded.

For now, this is the only point in this case that is worth further investigation.

Sima Guang said: "On this point, Judge Qi explained it very fully, there is no problem."

Zhang Fei nodded and said, "I know that. Judge Qi also considered the impact of this case on etiquette and law, so he imposed such a heavy punishment."

Sima Guang said, "Mr. Fu and I are worried that you will completely disregard etiquette, so we came to see you today."

"How is that possible?"

Zhang Fei said: "Of course I will take this into consideration. This is normal."

At this point, he changed the subject and said, "But I must consider the impact this verdict will have on the judiciary. This is also the responsibility of our procuratorate."

Fu Bi asked: "Do you think this verdict violates the principle of arresting the adulterer following the husband's lead?"

Zhang Fei said: "I am still evaluating this, but it will have some impact. I have not found any relevant regulations to support this judgment. In other words, can you not follow this principle if you commit adultery with a monk in a temple?"

Sima Guang sighed, "Why are you so stubborn? Maybe it has some impact, but compared to the destruction of etiquette, it is nothing."

You, Sima Guang, called me a stubborn person. Damn it! Zhang Fei almost started to rant, but he held back and said, "First of all, I am just evaluating it and I am not sure if I will really appeal. Secondly, Sima Guang, you should know the purpose of this adultery arrest."

Sima Guang stroked his beard and said, "If the matter is ambiguous, the adultery is not convicted because of the husband's report, and the husband divorces without his consent. If the door to accusation is opened, it will surely become a prison."

Zhang Fei cupped his hands and said, "Mr. Sima's attainments in law are truly shameful to this humble official."

Fu Bi smiled and said, "Stop flattering me and tell me what you think."

Zhang Fei asked: "May I ask you two, why is the same principle not used for murder?"

Sima Guang bulged his eyes and said, "Murder is a capital crime, how can these two be compared?"

“This might just be one of those things.”

Zhang Fei said: "In my opinion, there is another very important point, that is, it is easy to find evidence to prove the crime of murder. After all, the person is dead, which is ironclad evidence. For example, if only A and B are in the house, and B is killed, A is definitely the murderer.

In the same scenario, it is difficult to judge whether the two of them have committed adultery. Etiquette and law can only try to separate men and women so that there will be no misunderstandings.

But ordinary people are forced to do this because of their lives. It is very easy to frame someone for a crime, so this principle is in place. "

Fu Bi nodded, "You are right, I have indeed considered this."

Sima Guang said: "But this case is a case of adultery, the evidence is irrefutable, and both parties have admitted it. There is no hidden secret."

Zhang Fei said: "I know this, but this judgment lacks a very crucial argument."

Fu Bi asked hurriedly: "What argument?"

Zhang Fei said: "It's about whether those people who caught the adultery lied."

Sima Guang immediately said, "This is absolutely impossible. The imperial court did not use torture to force the two prisoners to confess. Could it be that they were in collusion with those scholars?"

"Jun Shi, don't get excited." Fu Bi waved his hand and said, "What Zhang San is pointing out is that under this verdict, someone might take advantage of this to frame someone wrongly."

Zhang Fei nodded and said, "That's right. As I said just now, there is currently no way to accurately determine whether the two have committed adultery. If those scholars lied, it would be difficult for the parties involved to prove that they did not commit adultery."

People like Sima Guang and Wang Anshi could certainly achieve differences between men and women, but it was different for ordinary people. When the head of the household fell ill, women still had to go out to work and squeeze together with men. How could you determine whether there was an affair?

Wang Gong and Qi Ji couldn't help but look at Zhang Fei.

It’s worthy of being Zhang Dayer’s pen, it’s so fine!

During the entire trial, no one paid attention to the behavior of those scholars because they were righteous.

Sima Guang said: "Even if what you said makes sense, the evidence in this case is solid and the imperial court has not wronged them. In this case, shouldn't you refer to the etiquette and law?"

Zhang Fei smiled helplessly and said, "I am not ignoring etiquette and law, I am only considering the law, but there is this problem, and as a prosecutor, I must evaluate this point.

Whether or not I appeal, I will consider the impact on etiquette and law, and I must also consider the impact on the judiciary.”

Fu Bi laughed and said, "It's good that you have considered this. If you can have both the fish and the bear's paw, wouldn't it be great?"

Sima Guang glanced at Fu Bi, and then said to Zhang Fei, "Zhang San, you have been very busy recently. You have a lot of things to take care of. It's not worth it to go to such great lengths for a case with irrefutable evidence."

Zhang Fei chuckled and said, "I am just practicing. I am used to being the presiding judge and now I am the prosecutor. I am a little unfamiliar with this. What if I am asked to sue those assistant judges?"

The hall was completely silent.

Qi Ji and Wang Gong both looked at Zhang Fei in shock.

Brother, next time before you say something like this, especially in front of the Vice-Chancellor, could you please tell us in advance so we can avoid it?

Sima Guang looked at the boy and asked, "Why don't you continue talking?"

Zhang Fei was slightly startled, and said, "Just say it, Vice Prime Minister. In our dynasty, suing the prime minister is a traditional event. Didn't Lord Fu and Sima Xueshi also sue him?"

Fu Bi smiled and said, "There are many people who have been sued, but only a few can still sit here."

Zhang Fei smiled and said, "But to be able to sit here, you are almost a prime minister."

Sima Guang pointed at Zhang Fei, feeling a mixture of love and hate. "You will eventually suffer a loss, kid! Just wait."

Zhang Fei has not yet decided whether to appeal, but one thing is certain: an investigation must be conducted.

So the next day, he came to the imperial court in Xiangfu County.

"You and your father-in-law are really alike. You both like to be unique and sell yourself."

When he saw Zhang Fei, Qi Hui acted sarcastic, and it was obvious that he already knew the purpose of Zhang Fei's coming here.

"It seems that Judge Qi already knows why I am here."

Zhang Fei bowed again and said, "But I am just doing my routine work. Since someone has requested an appeal, our procuratorate must investigate this. Not to mention Judge Qi, even if the chief judge makes the decision, I will definitely investigate. This is the public security, procuratorial and judicial organs. The three organs are equal in status and check and balance each other. I hope Judge Qi will tolerate this."

Qi Hui took a deep breath. The truth is that their relationship with Zhang Fei is getting closer and closer now. He didn't want to quarrel with Zhang Fei over this matter. He said coldly: "Then I wonder if Qi can help Prosecutor Zhang?"

Zhang Fei said: "I hope to meet with the two prisoners. According to our investigation, their confessions are incomplete."

Qi Hui said: "Of course it's possible, but I can't guarantee whether they are willing to speak up."

After saying that, he ordered two court guards to take Zhang Fei to prison.

Zhang Fei followed a court guard to the prison. Of course, he would not be sent to prison. He just waited in the room. After a while, two prison guards brought a female prisoner into the room.

Liu Qinshi had disheveled hair and a dark face. She was skinny and stood in front of Zhang Fei with dull eyes.

The prison guard was about to yell and ask the prisoner to salute, but Zhang Fei waved his hand and asked them to wait outside the room.

After the door was closed, Zhang Fei said to Liu Qinshi: "I am a prosecutor from the Beijing Procuratorate. Because someone appealed for you, I came here to investigate the case."

".!"

Liu Qinshi seemed not to have heard anything and stood there blankly like a living dead.

Zhang Fei asked again: "Don't you want to know who appealed for you?"

".!"

"It's your husband Liu Qing."

".!"

Seeing that Liu Qinshi was still indifferent, Zhang Fei thought, it seems that she also guessed that it was Liu Qing. After a moment's hesitation, he said, "Do you know that your husband Liu Qing is like a madman, suing all the way from Xiangfu County to the capital? If this continues, sooner or later something bad will happen."

Liu Qin frowned and said slowly: "I did commit adultery with Miao Kong, and I have nothing to say about it."

Zhang Fei said: "But you didn't tell me why you committed adultery with Miaokong. Was it your own will, or was it Miaokong who forced you, or was it your husband who forced you?"

Liu Qinshi immediately said: "Don't slander him, he didn't force me, he doesn't know anything."

Zhang Fei asked: "Is it Liu Qing or Miao Kong?"

Liu Qin said: "Of course it's my husband."

Zhang Fei asked again: "Did Miaokong force you?"

Liu Qin shook her head, "Neither."

Zhang Fei asked: "You volunteered?"

Liu Qin nodded slightly.

Zhang Fei asked again: "Why?"

Liu Qin said nothing.

Zhang Fei said: "If you want to protect your husband's dignity, you'd better tell the truth, because your husband is being laughed at every day now."

Liu Qin frowned and asked, "Really? You didn't lie to me?"

Zhang Fei nodded and said, "How can a husband not be laughed at if his wife voluntarily commits adultery with a monk? But your husband insists that you have your reasons, so you'd better tell him the truth. Regardless of whether the verdict will change, at least it's not a bad thing for your husband."

Liu Qinshi hesitated for a while, "If I tell the truth, will it really help my husband?"

Zhang Fei nodded and said, "I can be sure of that."

Liu Qin looked at Zhang Fei and remained silent for a long time. Finally, she told Zhang Fei the whole story.

In fact, what happened was roughly the same as what Liu Qing said.

But there was one thing Liu Qing didn't know. In fact, their family had run out of food a long time ago. Because Liu Qing wanted to study, he had to buy pens, ink, paper and inkstone, which was almost unaffordable for their family.

Liu Qin also secretly went to borrow money from others to help Liu Qing study, but in order to let Liu Qing concentrate on his studies, she just told Liu Qing that the money was earned by sewing clothes for others.

This person was in trouble, so she naturally thought of going to the temple to pray for the Buddha's blessing. As a result, she met Miaokong. Miaokong was attracted by her beauty at first sight and began to seduce her. As long as she accompanied him once a month to the temple within a year, he would help her pay back the debt and find a job for Liu Qing at the same time.

Zhang Fei said: "Have you ever thought that if you do this, it will cause more harm to Liu Qing?"

Liu Qin said indifferently: "When he passes the imperial examination, I will end my life."

Zhang Fei asked: "Is fame so important?"

Liu Qin said nothing.

Zhang Fei did not ask any more questions, and then asked: "There is a Wei Liu in the village who said that you seduced her husband?"

Liu Qin shook her head and said, "I don't know."

Zhang Fei frowned and said, "So you didn't have any contact with Wei Liu's husband?"

Liu Qin shook her head.

“I see!”

Zhang Fei nodded slightly and asked Liu Qinshi about the testimonies of some other witnesses, but Liu Qinshi said that she had no knowledge of them.

"Okay! I don't have any other questions. Do you have anything else to say?" Zhang Fei asked.

Liu Qin opened her mouth, hesitated for a moment, and then shook her head.

Zhang Fei nodded in understanding, then asked the prison guard to take Liu Qin back.

Immediately, Zhang Fei called Monk Miaokong again.

The monk still insisted that it was Liu Qin who raped him, which was almost the same as his previous confession.

After questioning, Zhang Fei said goodbye and went to the police station.

“Third brother!”

As soon as I entered the police station, I heard a shout.

Zhang Fei looked carefully and saw a man in a sheriff's uniform coming out. He thought he looked very familiar. "You are not that guy!"

"007! Ling Feng!"

"right!"

Zhang Fei said excitedly: "007! I am 003. It was just the two of us who captured Marshal Ma's son, and we almost got beaten up."

Ling Feng chuckled and looked around worriedly.

Things are different now. He is wearing shoes but is no longer barefoot.

Zhang Fei laughed and said, "He was promoted to police chief."

Ling Feng smiled innocently, "It's all thanks to Yanei's care that I was able to come here to be the chief of police, but I'm still no match for my third brother. I heard that my third brother has already become the chief judge."

Cao Dongdong is a nepotist. He promotes whoever is close to him, because in his opinion, only those with strong abilities are close to him.

Zhang Fei said: "I was just transferred back to the Procuratorate in Beijing."

Ling Feng immediately asked: "Brother San, are you here to investigate a case?"

"You are still as clever as before! This is the best. I am very confident in your work."

Zhang Fei said: "Do you know about the case of Miaokong's adultery in Liuyun Temple?"

Ling Feng nodded and said, "I know. This case caused a big stir at the time."

"very good!"

Zhang Fei took out a piece of paper and asked, "Can you help me investigate whether the confessions of these people are true?"

Ling Feng took it and looked at it, then nodded and said, "Don't worry, Third Brother, I'll send someone to check it out right away."

Zhang Fei was stunned for a moment, "I remember you can't read."

Ling Feng said, "Third brother, you forgot that our first batch of royal police went to the Imperial Academy to study. Later, we read newspapers every day, and when we didn't understand something, we asked the people in our police station who knew how to read. We learned more and more words."

Zhang Fei smiled and said, "I see."

After sitting in the police station for a while, reminiscing about the past with Ling Feng and bragging a little, Zhang Fei went back to the city.

After returning to the city, Zhang Fei called Li Bao again.

"Brother Bao, are the monks from Song Dynasty looking for women?"

"hehe!"

When Li Bao heard this, he immediately grinned and laughed happily.

"Brother Bao, what are you laughing at?" Zhang Fei said depressedly.

"Oh! My Lord, do you even need to ask? Of course they look for women!" Li Bao said, "Many of the monks in Song Dynasty are very rich, but they may not be as rich as you. How can they abide by the rules and regulations?"

Zhang Fei asked: "So they went to the brothel openly to look for it?"

Li Bao said: "They don't dare to do that. They usually have prostitutes they know. They usually agree on a place and meet them a few times a month."

Zhang Fei asked curiously: "How do you know so clearly?"

Li Bao chuckled, "We also have some monks in the Taxation Department."

Zhang Fei's face tensed up, and he asked hurriedly, "Is there anyone named Miaokong?"

"Miaokong?"

Li Bao said: "This name sounds strangely familiar."

Zhang Fei said: "The case of adultery in Liuyun Temple."

“Yes, yes, yes!”

Li Bao just remembered and shook his head again and again: "No, if he was, then..."

Zhang Fei asked curiously: "If so, can you fish it out?"

Li Bao said: "Of course, it's not difficult."

"How to fish it out?" Zhang Fei asked curiously.

Li Bao said: "This is very simple. We can find a way to have the government banish this person to a remote place. Then it will be easier to get him out."

Zhang Fei's eyes lit up and he said, "You really have some skills."

Li Bao said carelessly: "How can this be called a method? The case of adultery in Liuyun Temple was actually a case of adultery, not a case of rape. In fact, it was just a small case. If they hadn't been caught in the temple and offended the scholars, they might have been released after a few beatings."

Then he asked curiously, "Why are you asking this?"

Zhang Fei also reacted, "It's like this, can you ask someone to help me check and see if Miaokong has any old lovers he's familiar with?"

Li Bao asked, "Is that all?"

Zhang Fei smiled and said, "This time, all the money for the brothers' tea will be on me."

Li Bao chuckled and said, "Okay. I'll take care of it."

Seven days later, Ling Feng and Li Bao successively sent their investigation results. After reviewing them one by one, Zhang Fei came to the procuratorate and announced in public, "Based on my investigations over the past few days, I believe that the case of adultery in Liuyun Temple violates the principle of arresting the adulterer from the husband, and I will formally appeal to the imperial court."

Qi Ji couldn't help but laugh and said, "We have to be prepared to be scolded."

Zhang Fei said confidently: "Don't worry, as long as the imperial court opens early, they won't scold for too long."

(End of this chapter)

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