| name | five-punishments-judicial-procedure |
| description | Use when adjudicating criminal cases or determining punishments under the five-tier system. Applies graduated verification from 五刑 to 五罚 to 五过, with doubt-based amnesty protocols and fine schedules for 3,000 categorized crimes. |
Five Punishments Judicial Procedure (五刑程序)
A systematic legal framework for determining appropriate punishments based on evidence verification levels.
Overview
When adjudicating cases, officials must follow a graduated process of verification before applying punishments.
Initial Hearing Process
- 两造具备 - Both parties present
- 师听五辞 - Judge hears five types of testimony
- 五辞简信 - Verify testimony credibility
Graduated Judgment Process
If testimony is verified:
→ Apply 五刑 (Five Punishments)
If Five Punishments cannot be verified:
→ Apply 五罚 (Five Fines)
If Five Fines are contested:
→ Apply 五过 (Five Mitigations)
Handling Judicial Errors
五过之疵 (Flaws in mitigation) include:
- 官狱
- 内狱
- Must verify actual guilt
- Match punishment to offense
Doubt and Amnesty Protocol
When doubt exists in judgment:
- 五刑之疑有赦 - Doubt in punishment → Grant amnesty
- 五罚之疑有赦 - Doubt in fine → Grant amnesty
- Must carefully investigate (其审克之)
Fine Schedule for Doubtful Cases
| Punishment Type | Fine Rate |
|---|
| 黥辟 | 100率 |
| 劓辟 | 倍洒 (200率) |
| 膑辟 | 倍差 |
| 宫辟 | 500率 |
| 大辟 | 1000率 |
Crime Categories Count
- 墨罚之属千 (1,000 ink punishment crimes)
- 劓罚之属千 (1,000 nose-cutting crimes)
- 膑罚之属五百 (500 foot-cutting crimes)
- 宫罚之属三百 (300 castration crimes)
- 大辟之罚其属二百 (200 death penalty crimes)
Total: 五刑之属三千 (3,000 crimes under five punishments)
Expected Outcomes
- Fair adjudication with graduated response
- Reduced wrongful convictions
- Clear standards for judicial officials
Validation
- Verify that both parties (两造具备) were present and all five types of testimony were heard before judgment
- Confirm that the graduated process (五刑 to 五罚 to 五过) was followed and doubt triggered amnesty rather than punishment
- Check that fine rates match the schedule (100率 for 黥辟 through 1000率 for 大辟) when fines replace corporal punishment
