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Remnants of Ch'in Law (16): Group D: Answers to questions (秦律答問) (3)
By Anonymous
2008-09-03 02:50:14
 

(Translated by A.F.P. Hulsewe)


[D77] In pronouncing judgment in criminal cases, [what is meant by] “not straight”? What is meant by“to let go an incarcerated person?” When a crime warrants a heavy (punishment) and purposely to lighten it,or when it warrants a light (punishment) and purposely to make it heavy,that is the meaning of“not straight”.When a sentence is warranted, purposely not to sentence it,as well as to make light of the case,purposely making it not come up to (a crime) and pronouncing a sentence which acquits him -- this is what is meant by“letting go an incarcerated person”.

 

[D78] When (the allocation for) the redemption of a punishment has been untruthful,and the Clerk disagrees with the Overseer,it is asked how the Clerk should be sentenced.He is warranted to be fined one shield.

 

[D79]“The person who makes a statement, makes this statement in the court”.Now,is the Commandery Administrator the court,or is he not? He is.“The person who makes a statement does not first make this statement to Office Chiefs or Overseers”, What is the meaning of Office Chiefs? What is the meaning of Overseers? (Officials in charge of) General Offices are called (Office) Chiefs;(officials in charge of offices) in the pre-fectures are called Overseers.

 

[D80]“When a member of a group of five denounces another member, hoping thereby to escape punishment, (and the denunciation is) careless,(the denunciator) is to be punished with the punishment he had hoped to escape”.(The Statute) also says:“When one is unable to determme the criminal and denounces another person,this is (a case of) being careless in denouncing”.Now A says:“The member of my group of five (called) B has killed a person with murderous (intent)”.B is immediately arrested,but questioning (shows) that he did not kill a person.What A reported was careless.Is he warranted to be sentenced for carelessness in denouncmg, or for what he (had hoped) to escape? To sentence him for what he (had hoped) to escape is fitting.

 

[D81] A murderer enters into A's house and murderously wounds A. A cries out:“Robbers!”, (but) his four neighbours,the (village) chief and the (village) elders have all gone out and are absent,and they do not hear A crying“Robbers!" Question:are they warranted to be sentenced or are they not warranted? If the investigation shows that (his four neighbours) were absent,they are not warranted to be sentenced, (but) the (village) chief and the elders,although they were absent,are warranted to be sentenced.

 

[D82] What is the meaning of“four neighbours”? The four neighbours mean the people of the group of five.

 

[D83] It happens that a person is murderously killed or wounded on the road, (but) the bystanders do not help him.If (they are) within one hundred paces,this comparable to the suburbs and warrants a fine of two suits of armour.

 

[D84] What is the meaning of“repeated denunciations”? A person who repeatedly makes denunciations denounces a criminal,yet in his denunciation he is careless. Then again he denounces him for another matter. (These denunciations) are not to be accepted, but (the denouncer) is to be sentenced for his carelessness.

 

[D85] (A man) relieved (from statutory duties because of) age denounces another person because of unfilial behaviour and requests that he be killed.Is he warranted to be three times....or not? He is not warranted to be.... He is to be quickly seized and not to be lost.

 

[D86] (What) is“official denunciation”? What is“unofficial denunciation"? To kill or wound with murderous intent (or) to rob other people are (cases of) an official (denunciation).When a child robs his father or mother,or when a father or mother unauthorizedly kill,mutilate or shave their children as well as their male or female slaves,these are not cases of official denunciation.

 

[D87] “Children denouncing their father or  mother (and) male and female slaves denouncing their master are unoffical denunciations;they are not to be ccepted”. What is the meaning of“unoffcial denunciation”? When a master unauthorizedly kills, mutilates or shaves his children or his male or female slaves,this is“unofficial denunciation”.When (although) it is not accepted,one (still) lodges a denunciation,the denouncer is punished.When the punishment has already been carried out and another person in successions denounces it,this is likewise not warranted to be accepted.

 

[D88]“As regards sentencing members of the household,this concerns‘household crimes’(committed) at the time of the father's (life);if these are only denounced when the father has died.this is not to be accepted”.What is the meaning of “household crimes”? “Household crimes”are the father killing persons as well as slaves and denouncing this when the father has died; this is not to be tried.

 

[D89] What is meant by“household crimes”? When father and son live together and (the son) kills or wounds his father's slaves or cattle,or he steals them,and someone denounces this when the father has already died,this is not to be accepted;this is called“household crimes” continued When persons with the status of pao-tzu [or higher,whose case] has not yet been decided falsely accuse people and the crime warrants mutilation and being made a ch'eng-tan,they should have their beard shaved off and be made a kui-hsin, however shackling their legs.This is what is meant by.... the pao-tzu.

 

[D90] When (persons with the status of )pao-tzu and higher die or they have already been buried before a case (has been made against them) and they are denounced only then,this is likewise not warranted to be accepted for trial,nor should (persons to be co-adjudicated) be arrested;procedure in all these cases should be as in the case of family crimes.

 

[D91] Before a decision has been taken in a criminal suit against a pao-tzu, [he falsely accuses another person;the crime] warrants a mutiliating punishment and being made a kuei-hsin.Do not mutilate him,but execute the shaving of the beard;moreover,detain him among the ch'eng-tan for six years. What is the meaning of “warrants a mutilating punishment and being made a kuei-hsin"? Warranting to have his beard shaved and being made a kuei-hsin,before a decision has been taken,he falsely accuses persons (or crimes) warranting a mutilating punishment and being made a li-ch'en, as well as remaining intact and being made a ch'eng-tan. This is the meaning of“warrants a mutilating punishment and being made a kuei-hsin”.

 

[D92] “Before a decision has been taken in a criminal suit against a pao-tzu,he falsely accuses another person;the crime warrants a mutilating punishment and being made a li-ch'en. Do not mutilate him,but execute the shaving of the beard:moreover,detain him among the ch'eng一tan for six years.” What is the meaning of“warrants a mutilating punishment and being made a li-ch'en”? He is held and warrants shaving off the beard,(but) before a decision has been taken,he falsely accuses a person of a crime warranting mutilation and being made a li-ch'en.This is the meaning of“warrants a mutilating punishment and being made a li-ch'en.”

 

[D93] (A person) is warranted to be fined one shield; (the official concerned) confiscates 5,000 cash and loses these.How should he be sentenced? He is to be reprimanded.To denounce a person,saying that he has absconded from the state,when (in fact) he did not go outside the border and did not abscond without permission,constitutes carelessness in denouncing.How should he be sentenced? This is a case of carelessness in denouncing (a crime punishable by) being tattooed and made a ch'eng-tan.

 

 [D94] What is meant by“redeeming (the hard-labour punishment called) kuei-hsin with the feet shackled"? What is meant by“redeeming castration”? When princes and chiefs of genuine Jung (barbarians), who are vassal states, whose rank is equivalent to (the Ch'in aristocratic rank of) shang tsao or higher, have committed crimes that are warranted to be redeemed, (then),if it is a case of robbery in a band,they should be made to redeem (the punishment of being made a) kuei-hsin with the feet shackled;if they have committed a crime (warranting) castration,they redeem castration.For other crimes which are comparable to robbery in a band,this rule is likewise to be followed.

 

[D95] Is‘to beg for an enquiry’as well as‘to beg for an enquirv on behalf of another person’only accepted when the case has been decided, or is it accepted when the case has not yet been decided? It is only accepted when the case has been decided.How is the failures (to punish a culprit with) lettering the leg sentenced? Like the failure to punish with a mutilating punishment.

 

[D96] When a li-ch'en leads ch'eng-tan and lets him (or them) abscond,he is made an intact ch'eng-tan,and his wife (living) outside and his children are confiscated.When the children are small and cannot yet be separated from (their mother),let them join their mother when confiscated.What is the meaning of“joining their mother when confiscated”?  People will surely buy them,but the children,being small,cannot be separated (from her) ;the mother of the children must not be sold (separately) -- that is the meaning.

 

[D97] (A person) warranted to have his beard shaved off and being made a ssu-k'ou falsely accuses another person (of a crime warranting) to have his beard shaved off and being made a li-ch'en. How is he to be sentenced? He is warranted to have his beard shaved off and being made a li-ch'en. (A person warranted to have his beard shaved off and being made a houl.... crime falsely accuses another.How is he to be sentenced? He is warranted to have his beard shaved off and being made a ssu-k'ou.

 

[D98] (A person) warranting to have his beard shaved off and being made a li-ch'en fasely accuses another (of a crime warranting) to be made a ssu-k'ou.How is he to be sentenced? He is warranted to have his beard shaved off and being made a li-ch'en;moreover,he is to be detained among the ch'eng—tan for six years.

 

[D99] An intact ch'eng-tan falsely accuses another person (of a crime warrant-ing) tattooing and being made a ch'eng-tan.How is he to be sentenced? He is warranted to be tattooe. A wounds another person with murderous intent.The official sentences him for wounding another person in an (un-premeditated) fight.Is the official warranted to be sentenced or is he not warranted? He is warranted to be berated.

 

[D100] (A person) warranted to be tattooed and to be made a ch'eng-tan falsely accuses another of (a crime warranting) to be left intact and made a ch'eng-tan.How is he to be sentenced? He is warranted to be tattooed and to have his nose cut off.

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