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

1. 两造具备 - Both parties present
2. 师听五辞 - Judge hears five types of testimony
3. 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

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