Rakusho no Goku #9
2010.06.04(Fri)Juuni Kokuki — 十二国記
(The Twelve Kingdoms)
Rakusho no Goku — 落照の獄
(A jail of the declining Light)
By Ono Fuyumi — 小野不由美
Translated by o6asan
Hogetsu(蒲月) wore a questioning look.
“To Shiho(司法)?”
“I don’t know what it means exactly. The system of Shiho(司法) or the people of Shiho(司法) who treat Judgments. Or, it might mean leaving to Shukan(秋官). That’s too vague, and we cannot act by it because there is Shujo(主上)’s word ‘The capital punishment is not done’. We said to them we need to get Shujo(主上)’s new rescript.”
“What do they say, Dai-shiko(大司寇) and Sho-shiko(小司寇)?”
Eiko(瑛庚) shook his head.
“Dai-shiko(大司寇), by his opinion, cannot permit the capital punishment.”
“If Dai-shiko(大司寇) doesn’t give the okay, the capital punishment could not be done, could it?”
“It is not clear. Intrinsically the decision is not influenced by other people’ opinions. Besides, when the king leaves it to us, the judgment of administration of justice becomes the conclusion for this trial.”
“What is Chiin(知音) the Shiho(司法)’s opinion?”
“He has a struggle trying to find a way. Sho-shiko(小司寇), too.”
When a criminal faces to the trial, they care what crime he did. If they could clarify the crime, they can give him the penalty by the criminal law. That Tenkei(典刑) clarifies the crime and gives the penalty is called a decision.
Shudatsu(狩獺) committed crimes, mainly murders. Most of his murders wrere what planned beforehand. Moreover, in order to rob of money and goods he killed even persons who need not be killed. Most of his victims, overwhelming, are elderly persons, women and children who cannot resist. On the law all of them deserve the capital punishment, murder for the self-interest, meaningless murder, and murder to the weak people. Moreover, he committed more than one, so he deserves Shushi(殊死) — which is the death penalty for irremissible crime.
There was no factor about Shudatsu(狩獺), though the penalty was reduced if there was a factor to mitigate the punishment after the decision. It’s very clear his punishment is Taiheki(大辟) originally.
But, in Ryu(柳) the Ruler of Ryu(劉王) himself decides “to avoid the capital punishment”. So, all the criminals who should be punished by death is penal servitude or confinement. If Shudatsu(狩獺) deserves Shushi(殊死) originally, he should have life imprisonment and it is natural judgment.
The people, however, demand the death for him. First, the people were indignant the criminal like him got nothing more than imprisonment. Second, the district court and High Court adjudicated him the death penalty. The people who have known the death penalty is available accept nothing except his death. It’s possible to say “we do not use Taiheki(大辟)” because of the Ruler(王)’s word, but if so the people will voice a complaint to Shiho(司法). According to situations, the angry people might rush to the national government. The voice requests the death penalty is loud, and makes them have to feel misgivings about the riot. It is difficult also for the judicial officers to disregard this.
Eiko(瑛庚) talked this, Hogetsu(蒲月) muttered to have difficulty.
“……It’s very difficult mutter.”
Yeah, Eiko(瑛庚) sighed. He was still nonplussed, but he felt some salvation because Hogetsu(蒲月) said “It’s difficult”.
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