Section 35 5
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"You have no right to remain silent, you have to defend yourself, and if you keep silent, you will be acquiesced guilty and will be punished with the severest punishment."
"You have no right to remain silent, you have to defend yourself, and if you keep silent, you will be acquiesced guilty and will be punished with the severest punishment."
"You have no right to remain silent, you have to defend yourself, and if you keep silent, you will be acquiesced guilty and will be punished with the severest punishment."
……
In the corridors on both sides of the courtroom, a group of prisoners were escorted by the guards, and they were constantly being lectured and walked into the courtroom.
Under Liu Zhang's rule, Yiliang's law is most famous, in fact, it is not the impunity and punishment of the guilty, but the 'you have no right to remain silent'.
If a suspect is interrogated, he must be asked and answered, and he must open his mouth to explain the problem. If you grit your teeth and don't say anything, then you're finished, and Wei Wei will directly give you a final sentence on the confession record: keep your mouth shut. That is to die without confession. This sentence, when Fa Cao looks at it later, will directly give you a maximum punishment, and it is useless for you to go to court and want to cry out for injustice. Facao simply won't listen to your late explanations anymore.
This is arguably the biggest difference between this and the so-called 'you have the right to be silent' in later generations.
The suspect was brought in, and Fa Cao, lawyers, etc. also entered one after another, and the people who were watching also entered one after another.
After each is in place.
Yang Fu's gavel fell.
"The court is opened, and the plaintiff and defendant are in place." Yang Fu announced the official opening of the trial.
I saw Yang Fu wearing a crown and sitting at the trial seat, while the plaintiff Aunt Li, the defendant Hu Seng Zhiqian, and the defense lawyer of the original defendant were also in their respective positions.
The layout of the courtroom is similar to that of later generations.
There are judges, plaintiffs, and defendants.
The judgment seat has the presiding judge, and two main bookkeepers who are responsible for records.
Both the plaintiff and the defendant can hire a lawyer.
Below is the auditorium, and the crowd from outside can come in and observe.
The judicial process of Yiliang is different from the rest of the Han Dynasty now, and is closer to the judicial model of later generations. However, it's not quite the same.
In the normal case procedure, Wei Wei is responsible for taking over the case, arresting people, collecting evidence (confessions, evidence, etc.), and then submitting it to the Audit Office for review, if there is no problem in the review, it will be submitted to Facao for a final judgment, and after the judgment, if there is no appeal, and the Audit Office does not reject the judgment, the judgment will be executed.
From the perspective of the big process, it is basically the same as that of later generations.
However, there are still many differences in small places, in many details, in many important places.
For example, in later generations, there is generally only one real culprit in a case, and it is usually the real culprit who is sentenced to a heavy sentence and convicted as an accomplice.
However, in Yiliang, in the present, not necessarily. Under the rule of Yiliang, once involved in the case, he must confess. If they resist and do not confess and do not speak, they will be regarded as acquiescence and will usually be convicted directly according to the maximum possible penalty standard in this case; If it is later discovered that the real culprit is someone else, the person who pleaded guilty earlier will not only not be rehabilitated, but may also have a heavier sentence, and be convicted directly according to the highest possible standard in this case, and there is no possibility of turning over later; Also, in a case, even if there are people who don't talk about it, and there are people who pretend to admit their crimes, it will not help, and they will not close the case casually. Because the Audit Office will look at the outcome of the entire case, the Security Department will conduct its own investigation and collect evidence to determine the real culprit. If it is determined that the real culprit did not give an honest account in front of him and tried to get away with it, the sentence will be aggravated. When the guard takes evidence, there will be a record, and when everyone takes a statement, there is a record. Lying, etc., found once, and recorded bad records once. The number of bad records will directly determine the severity of the final sentence.
Therefore, on the whole, Yiliang's current laws and enforcement standards are much stricter than those of later generations. Once involved in the case, we must honestly confess and strive for leniency, and if we want to get away with it, we can only add to the crime.
Like Zhi Qian met Liu Zhang at the execution ground, he directly retracted his confession, which is a very serious bad record.
Yang Fu didn't plan to let him go easily today.
He had seriously challenged the majesty of Yang Fu Facao.
"Plaintiff or plaintiff's lawyer, please state the case." Yang Fu Road.
Then, one of the plaintiffs, one of the lawyers, stood up and explained the facts of the case.
The whole case is not much different from what Liu Zhang learned before.
"Does the defendant have any objection to the facts of this case?" Facao asked.
"No objections." Zhi Qian replied.
"What charges does the plaintiff sue the defendant?" Facao asked again.
"We are charging the defendant with homicide causing death."
"Good. Now, the plaintiff and the defendant have entered the defense and questioning session. Ask the defendant's lawyer to ask questions first. Yang Fu began to preside over the defense of both parties.
Liu Zhang stood up, "I want to ask the plaintiff a few questions. The first question: Do you know the defendant? ”
"I know, that monk is a missionary nearby, I often see him, and I often give him some fasting food, so I know."
"Then when you meet on the street, did the defendant strike up a conversation with you first, or did you strike up a conversation with the defendant first?"
"E-yeoh yelled to find Lang Zhong that day, how could he have time to talk nonsense with him, it was he who stopped E-first, and asked what was going on, and E-E said that the baby was sick, and the noise was terrible, so he didn't slip to find a doctor. Then he told him to show him. As a result, Ewa'er died. ”
"Did you know that he had seen someone before?"
"I haven't seen it, but I've heard of it, saying that the monk can be powerful and effective, and many people's diseases are cured by him, so he handed over the baby to him for treatment, but I didn't expect that he was a liar and killed the baby."
"I want to ask the defendant, is what the plaintiff just said true?"
"It's true. However, the monk is not a liar, and the monk has nothing to do with anyone. ”
"Don't be in a hurry to argue, I'll ask you again, where are you from and what do you do for a living?"
"The monk's ancestral home is Yueshi, and when Emperor Ling moved into the Han Dynasty, he first attached himself to the White Horse Temple in Luoyang, mainly to promote Buddhism in the Gyeonggi area. Later, Gyeonggi was in turmoil, so he came to Yangju. When a monk takes refuge in my Buddha, he naturally makes a living by supporting my Buddha. ”
"Worship my Buddha for a living? Has my Buddha given you food and clothing? To put it bluntly, don't talk about the mess of clouds and mountains and fog. ”
"..., the monk is a monk from the traveling side, and naturally makes a living by turning fate."
"Can a monk have studied medicine? It is rumored that you have cured the sick and saved people, and the results are incomparable, but is there such a thing? ”
"Monks have indeed studied medical skills, and in the world of propagating the Dharma, some minor illnesses and disasters are also very convenient. It is rumored that it is because monks help people and do not ask for money, so there are many believers and they are propagated, so it is passed on by word of mouth. (To be continued.) )