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judicial-investigation-procedure

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Use when conducting legal investigations following classical Chinese judicial principles. Covers official accountability (失刑则刑), evidence gathering, case processing for treason/property/misconduct, and proportional punishment without sparing the powerful (不避贵戚).

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Judicial Investigation Procedure

Overview

Traditional Chinese legal investigation framework emphasizing thorough examination, proportional punishment, and protection of the innocent.

Investigation Principles

1. Case Assessment

  • "过听杀人，自拘当死" (If wrongly convicted someone to death, submit oneself for execution)
  • Officials bear responsibility for errors
  • "失刑则刑，失死则死" (Wrong punishment = receive punishment; wrong death = accept death)

2. Evidence Gathering

  • Examine all witnesses
  • Cross-reference testimonies
  • "傅其罪下吏" (Cannot transfer blame to subordinates)

3. Hierarchy of Responsibility

  • "臣居官为长，不与吏让位" (As head official, don't yield position to subordinates)
  • "受禄为多，不与下分利" (Receive more salary, don't share credit with subordinates)
  • Therefore: Accept full responsibility for errors

Case Processing

For Treason/Rebellion Cases

  1. Investigate all connections
  2. "穷根本" (Trace to the root)
  3. Document all accomplices
  4. Consider if some were coerced vs. willing

For Property Crimes

  1. Determine value of stolen goods
  2. Assess if violence was used
  3. Consider circumstances (need vs. greed)

For Official Misconduct

  1. Compare actions to established law
  2. Examine intent vs. negligence
  3. Consider past service record

Punishment Guidelines

  • Proportional to offense
  • Consider social status appropriately
  • "不避贵戚" (Don't spare the powerful)
  • "不私其父" (Don't favor one's own father)

Ethical Standards

  • Judge must be willing to accept same punishment if wrong
  • Cannot use position to escape accountability
  • Death before dishonor of the law

Expected Outcomes

  • Public trust in legal system
  • Deterrence of crime
  • Rehabilitation where possible
  • Justice seen to be done

Verification

  • Confirm the investigating official has accepted personal accountability for potential errors (失刑则刑, 失死则死)
  • Validate that evidence was gathered from multiple witnesses with cross-referenced testimonies
  • Check that punishment is proportional to the offense and applied impartially regardless of the accused's social status (不避贵戚)