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Remnants of Ch'in Law (14): Group D: Answers to questions (秦律答問) (1) 
作者:[Anonymous] 来源:[] 2008-08-27
摘要:About robbery, theft, and false accusation

(Translated by A.F.P. Hulsewe)

Translator’s Note: The texts belonging to the fourth group of strips,called by the editors' Ch'in lv ta wen,“Answers to questions about the Ch'in Statutes”,consist of 190 articles (D1- D190) in the division adopted in Wenwu 1976/8 and followed here.The 210 strips have a length of C.25.3 cm.or 1 foot 1 inch Ch'in-Han measure;they were held together by three sets of strings:at the top, in the mid-dle and at the bottom.Each article starts on a new strip,with the result that many strips are only partly inscribed;strips fully covered with writing contain forty characters or a few more.The end of a sentence is sometimes marked by a black dot,signalized in the translation by a small circle.The handwriting is small and crabbed,most characters being 0.3 - 0.4 cm.high; little space has been left between the signs.According to CM,P.74,the strips had been placed to the right of the thorax.


[D1] When wardens go by different paths to steal,their punishment is increased.What is the meaning of "the punishment is increased?" When five men commit robbery and the illicit profit is one cash or more, amputate their left foots and tattoo them and make them ch'eng-tan.When they are not fully five men and what they rob exceeds 660 cash,tattoo them,slice off their nose and make them ch'eng-tan.(In case the illicit profit is) not fully 660 cash,down to 220 cash,tattoo them and make them ch'eng-tan; (if it is) not fully 220 cash,banish them.Thief-catchers are assimilated to the rule.

[D2] When thief-catchers rob,they warrant a mutilating punishment and being made ch'eng-tan.Question:does (their) punishment warrant increasing,as for wardens,or does it not warrant this? It is warranted.

[D3] A plots to send B out to steal.One day,B is about to go and steal,but before he arrives, he is caught. Both (A and B) are to redeem tattooing.

[D4] Somebody's slave A plots to send this person's female slave to steal (their) master's ox;they sell (it) and,taking the money,together they flee the country.When leaving the border they are caught.How should each of them be sentenced? They warrant (the hard-labour punishment) ch'eng-tan;tattoo them.Each is to be given back to their master.

[D5] A steals an ox;at the time he stole the ox he was 6 feet tall.Having been held in detention for one year,he was measureda again;he was 6 ft.7 in.tall. Question:how is A to be sentenced? He warrants being made an intact ch'eng-tan.

[D6] Someone stealthily picks another's mulberry leaves;the illicit profit is not fully one cash.How is he to be sentenced? He is to be fined three decades' statute labour.

[D7] A robber-guard steals 110 cash, (but) previous (to being discovered) he voluntarily denounces himself. How is he to be sentenced? He warranted having his beard shaved off and to be made a bond-servant;another opinion is:he is to be fined two suits of armour.

[D8] A steals;the illicit profit is worth one thousand cash.B,knowing that he had stolen,accepts part of the illicit profit (worth) not fully one cash. Question:how is B to be sentenced? He is to be sentenced in the same wax,as A.

[D9] A steals (to the value of) not fully one cash.He goes to B's house;B is not aware of it (viz.the theft) .Question:how is B to be sentenced? Do not sentence him.In case he has observed and known it,but he has not arrested him,he is warranted to be fined one shield.

[D10] A steals money and uses it to buy silk.He entrusts this to B,and B accepts it,not knowing that it was stolen.How is B to be sentenced? Do not sentence him.

[D11] A and B never knew each other.A goes to rob C.When he has just arrived,B also comes to rob C.He talks with A and thereupon both steal.The illicit profit is worth 4400 (cash) for each.When they have already left, they are both arrested.If they had plotted beforehand, they are warranted to be sentenced for the combined illicit profit:if they had not plotted,each is to be adjudicated for the illicit profit (he had personally acquired).

[D12] An artisan steals,taking (the stolen goods) out;the illicit profit is not fully one cash.Are the men of his group warranted to be bastinadoed or are they not warranted? They are not warranted to be bastinadoed.

[D13] A husband steals one thousand cash and hides three hundred in his wife's place. How is the wife to be sentenced? In case the wife hid them, knowing that her husband had stolen them,she is warranted to be sentenced for the three hundred;it is a case of theft.If she did not know it,it is a case of “holding”.

[D14] A husband steals 300 cash.He informs his wife,and his wife together with him drinks and eats it.How is the wife to be sentenced? If there had been no previous plotting,this is to be considered as a case of“holding".If they had previously plotted, (she is to receive) the same punishment (as her husband). A husband steals 200 cash and hides 110 cash in his wife's place.How is the wife to be sentenced? If she knew that her husband had stolen them,  this is to be considered as a case of theft. If she did not know it,it is a case of “guarding illicit profit”.

[D15] On an earlier occasion (somebody ) stole (goods,where) the illicit profit had a value of 110 cash.His wife and children,knowing this,ate meat together with him;they are warranted (to suffer) the same punishment.

[D16] On an earlier occasion (somebody) stole (goods,where) the illicit profit had a value of 150 cash.He informed A,and A together with his wife and children,knowing (that the other man was a thief) together (with the thief) ate meat.A's wife and children (are to suffer) the same punishment as A.

[D17] A father stealing from his children is not a case of theft.Now a foster father steals from his foster children.How is he to be sentenced? It is warranted to be considered a case of theft.

[D18] The Statutes say“the same rules as for theft”:they also say“the same punishment as”.These are two (different) things.When his (i.e. the culprit's) household members,the (village) chief and (the members of his) group of five are warranted to be adjudicated for his (crime),this is called“the same punishment as”.When (the Statutes) say:“reverse the punishment,” they are not warranted to be adjudicated.When a person's slave or slave-woman rob their master's father or mother,is this‘robbing one's master',or is it not? If they (i.e the parents) are household members,it is'robbing one's master';if they are no household members,it is not‘robbing one's master'.

[D19] (The Statutes say) “Robbery and all other crimes where those who dwell together’are warranted to be adjudicated".What is the meaning of ‘those who dwell together?’ The household is (meant by) 'those who dwell together’. Servants are
(co-)adjudicated, (but) for servants’ (crimes) the household is not (co-)adjudicated;that is the meaning.   

[D20] (The Statutes say) "When a robber robs somebody and he sells what he has robbed,thereby buying other things,all are given back to the owner (of the stolen goods)".Now a robber steals A’s clothes;he sells these,and there-by buys cloth,and he is caught.Is it warranted to take the clothes as well as the cloth and give these back (to A),or is this not warranted? It is warranted to take the cloth as well as other things which he has bought and give these back to A;the clothes are not warranted (to be returned).
 
[D21] “When the official sacrifice is not yet over,stealing the preparations warrants a fine...., having the beard shaved off and being made a bond senrant."  Now somebody steals;he steals a kidney,and the illegal profit of one kidney is not fully one cash. How is he to be sentenced? In sacrifices one uses,of course,hearts and kidneys as well as other joints;all these are each one preparation.When the illegal profit of one preparation is not fully one cash,stealing it warrants shaving off the beard.It may have a value of twenty cash,but it is only partly stolen,and so it is not completely one preparation;(for such a theft) as well as for stealing“incorrect” ones,one is condemned according to the Statutes.

[D22] What is the meaning of“the sacrifice is not yet over?” When the beakers and stands that have been placed before the spirits have not yet been re-moved -- that is“(the sacrifice is not yet over”.(Sacrifices) not yet placed (before the spirits) as well as those that are“incorrect” do not constitute a “preparation”;they must already have been placed (before the spirits) and only then they are preparations.

[D23] What is the meaning of“thievishly digging in a pit?” At the sacrifices of the Royal House,the preparations are buried;this is meant by“pit”.

[D24] A commoner A steals a goat;on the neck of the goat there is a rope,and the value of the rope is one cash.Question:how is he to be sentenced? A's attention was on the goat he stole,whereas the rope was attached to the goat.As A led the goat away,the deliberations should not go beyond the goat.

[D25] “Forcing a lock (is punished by) redemption of tattooing”. What is the meaning of“forcing a lock”? When the person who forced the lock has already forced it open,then this is (a case of)“forcing”.Furthermore,when it has not yet been opened,is this also“forcing”? If by forcing one is unable to open it and leaves,to be caught some other time,how are both (these cases) to be sentenced? If one forces it with the desire to steal,(but) one is unable to open it,or one is caught before having opened it,this warrants (the punishment of) redemption of tattooing.If one forces it without desiring to steal:if it has already been opened,then this is (a case of) forcing;if it has not yet been opened,this warrants a fine of two suits ot armour.

[D26] “Stealthly to borrow government money in a storehouse and to use it is (subject to the) same rules as theft”.What is the meaning of“in a storehouse,”? Only the prefectural Treasury is“in a storehouse";the others’are not.

[D27] The Commoner A commits a theft.“At the moment of capture, the illegal profit is evaluated”. The value of the illegal profit was more than 660 cash,(but) the officials did not evaluate it.Only when the case was tried they evaluated the illegal profit.The value of the illegal profit was 1105 cash and therefore (A) was sentenced to shaving off the beard. Question:how are A as well as the officials to be sentenced? A warrants tattooing and being made a ch'eng-tan.As regards the officials,it is (a case of) making a mistake in punishing a crime.If perhaps they did it on purpose.it is (a case of)“being untruthful”.

[D28] The commoner A commits a theft.Evaluating the illegal profit at the moment of his capture,the value of the illegal profit was more than 110 (cash),(but) the officials did not evaluate it.Only when the case was tried the illegal profit was evaluated;the value of the illegal profit was more than 660 (cash).A was tattooed and made a ch'eng-tan.Question:how are A and the officials to be sentenced? A is warranted to have his beard shaved off and to be made a bond-servant.As regards the officials,it is (a case of) making a mistake in punishing crime.A has committed a crime.… When the officials were aware of this and purposely (punished it) too heavily or too lightly,how are they to be sentenced? These are (cases of) “being untruthful”.

[D29] Somebody steals 1000 cash before an amnesty.After the amnesty,when he has completely spent it,he is caught.How is he to be sentenced? Do not sentence him.

[S30] A person is denounced for having stolen 110 (cash) ;the interrogation (shows) that he stole 100 cash.How is the denouncer to be sentenced? He is warranted to be fined two suits of armour.The theft was 100 (cash). If this is purposely increased by adding 10 cash,the question is:how is the denouncer to be sentenced? He is warranted to be fined one shield;the fine of one shield corresponds to the Statutes.However,according to the practice of the court he is sentenced for carelessness and fined two suits of armour.

[D31] A person is denounced for having stolen 1000 cash.The interrogation shows that he stole 670 (cash). How is the denouncer to be sentenced? Do not sentence him.

[D32] Somebody is falsely denounced of having stolen 1000 cash. The interrogation shows that he stole 670 (cash).How is the false accuser to be sentenced? Do not sentence him.

[D33] A denounces B for having stolen to the value of … The interrogation shows that B had stolen (to the value of) 30 (cash);A slanderously added 50 (cash ) to B's (theft),being careless about the 30(cash).Question:is A warranted to be sentenced or is he not warranted? According to the practice of the court A is to be fined two suits of armour.

[D34] A person is falsely accused of stealing to the value of 20 (cash) .Before a verdict has been pronounced,he also commits another theft to the value of 100 (cash) ,and only then it is discovered.Is it warranted to combine (the value of the two) illicit profits,or are we to act on the actual crime and also sentence him for falsely accusing another person? He is warranted to be fined two suits of armour and one shield.

[D35] A denounces B for having stolen an ox or for having intentionally wounded a person.Now B did not steal an ox,nor has he wounded a person.Question:how is A to be sentenced? If he did it on purpose,this is (a case of) falsely accusing another person;if it was unintentional,it is (a case of) carelessness in denouncing.

[D36] A denounces B for having stolen an ox.Now B (proves) to have intentionally wounded a person; it is not that the had stolen an ox. Question: is A warranted to be sentenced,or is he not warranted? He is not warranted to be sentenced;he is likewise not warranted to be rewarded.Another opinion:this is (a case of) carelessness in denouncing.

[D37] A denounces B for having stolen an ox.Now B had stolen a sheep;he had not stolen an ox.Question:how is A to be sentenced? This is (a case of) carelessness in denouncing.When (the imposition of) a fine of (one) shield is “untruthful”, how is this to be sentenced? This is fined one shield.

[D38] A stole a sheep.B,being aware of this,intentionally denounces him,saying:“A has stolen an ox.” Question:is B (a case of) “falsely accusing another”,or is it (a case of)“carelessness in denouncing”? This is warranted to be considered (as a case of) “denouncing theft and increasing the (amount of the) illegal profit”.

[D39] A stole sheep.B knows that he stole sheep,whereas he does not know the number of sheep.He then denounces him to the officials,saying:“He has stolen three sheep.” Question:how is B to be sentenced? This is (case of)“denouncing a thief, increasing (the amount of) the illegal profit.”

[D40] A,holder of the aristocratic rank of shang tsao,stole a sheep. Before the case has been judged,he falsely accuses another person,saying:“He has stolen a pig”.How is he to be sentenced? This warrants (the punishment of) being left intact and being made a ch'eng-tan.


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