List of Criminal Codes (Ritsu)
1: Flogging - Five degrees
ten times flogging or fine of a kin of copper
twenty flogging or two kins
thirty flogging or three kins
forty flogging or four kins
fifty flogging or five kins
2: Caning - Five degrees
Sixty times caning or fine of six kins of copper
Seventy or seven kins
Eighty or eight kins
Ninety or nine kins
One hundred or ten kins
3: Penal labor - Five degrees
One year penal labor or fine of twenty kins of copper
One and a half years or thirty kins
Two years or forty kins
Two and a half years or fifty kins
Three years or sixty kins
4: Exile - Three degrees
Near exile or fine of one hundred kins of copper
Middle one or one hundred and twenty kins
Distant one or one hundred and thirty kins
5: Death penalty - Two kinds
Strangulation and Slaying; or fine of two hundred kins of copper for both cases
6: The eight most serious crimes
(1) First: Anti-plot*; that is, making a plot to kill "the country"
That is to say, servants have a mind to kill the master in order to invert the order.
"the country" stands for the supreme not-to-be-called name of the emperor.
* anti-plot: a word-for-word translation for "mu-hen." Although "mu-hen" ("muhon" today) is ordinarily translated by "rebellion", here the word is used differently from that as you see. Same rule for other maybe strange words used below.
(2) Second: Against-plot; that is, making a plot to ruin "mountains and hills"* or "stands."*
That is to say, by committing an endlessly serious crime against heaven, abandoning feeling of regret, one tries to commit wrong actions and gets evil intentions. Such a person takes a plot to ruin "mountains and hills" or "stands."
* "mountains and hills": an euphemism for "graves of emperor families".
* "stands": likewise for "stands on both sides of the entrance for the Palace" that is "the Imperial Palace itself".
(3) Third: Betrayal-plot; that is, making a plot to betray one's country and obey improper government.
That is to say, a person makes a plot to betray one's country to foreign one, or abandon one's troop for enemy, or escape from one's troop.
(4) Fourth: Atrocity (lit. evil violation); that is, making a plot to beat one's grandfather, grandmather, father or mother and bring them to death; or, killing one's uncle, aunt, husband, father or mother in law.
"To beat" means to beat down. "Plot" to plan a plot. "One's uncle ..." these cases depend on execution of killing. If one only intends to kill them but doesn't excute it, this doesn't make it crime. That is to say: a man committing atrocity cannot be pardoned, regardless of time. One just committing less serious crimes, on the other hand, can be pardoned and just his name becomes void and gets deleted from registration. This makes the distinction between these crimes.
(5) Fifth: Violation (of humane way); that is (i) killing more than three persons in one and the same family, whose murder doesn't make death penalty,
That is to say, the case in which three persons from one family are killed, whose murder doesn't make him death penalty. If one kills two persons from one family, whose murder makes him death panalty, even if the one commits this crime for several families, this makes him only death penalty, and this is not the case of the eight most serious crimes. Or, in a case, even if one kills three persons from one family, this article may not cause him death penalty, nor count this case among the eight most serious crimes.
(ii) Mutilation,
"Mutilation" means killing somebody by mutilation. This article cause one commits this crime death penalty.
(iii) Making or possessing poison,
That is to say, making poison up. Even if one doesn't make it up by himself, whoever possesses such poison which can injure people commits this crime. If, on the other hand, one doesn't make it up, (even if he has materials for that,) he doesn't come under this article.
(iv) Cursing,
Since we know so many ways of cursing, we cannot describe it in detail. Generally it means that evil and vulgar person secretly intends a rebellion or wants to torture or kill other people.
(v) Plotting to beat down, accuse or kill one's own uncle, mother-in-law, brother, sister, spouse's parent, husband, husband's parent,
As for killing uncle etc., if one put them into death, instantly he commits atrocity. This present article, however, refers to plotting to kill, not fighting against them intentionally. If one kill them by fighting against them, this case too belongs to violation. If one doesn't harm them, on the one hand, even with plot to kill them, he commits only light crime. If, on the other hand, one kills them by fighting aginst them openly, he commits serious crime. Seriousness of both cases are clearly different. Reasons for this remain same throughout articles on the eight most serious crimes.
(vi) Killing members of one's own family with grade higher than fourth,
Say, according to relevant laws, spouse's parents, their siblings, mother-in-law, father-in-law, cousins etc.
(vii) and wife.
(6) Sixth: Serious lese majesty;
that is (i) destroying the greatest shrine*,
(ii) stealing the offering for the first "first-fruit festival"
"The offering" means the cloths to be offered to the gods. The same rule is to be applied for the sacred treasures at the greatest shrine.
(iii) stealing emperor's domestic articles,
"Emperor's domestic articles" refers to emperor's cloths and other articles. Emperor makes the whole country his house. That's why he goes around in his palanquin. Avoiding making open the emperor's holy name to be kept off, he represent himself as the palanquin instead. The commentary saids: "cloths" includes bedcloths, say mattress, quilt and so on. All should see the article on the observing service, to see what the emperor's articles are.
(iv) stealing the sacred treasures or emperor's seal, or creating fakes of them,
As for "the sacred treasures" see the relevant law. On the enthronement day, Nakatomi performs devine verses to the heaven, Inbe raise up the sacred treasures, the mirror and the sword.
(v) in mixing imperial medicine up, failing to follow the right manners,
In mixing imperial medicine up, even if one generally follows the right manners, failing to do so at any point makes him commit this crime.
(vi) making a mistake in writing the address on the imperial envelope,
That is to say, writing an wrong address after shutting it according to the manner, as taking pills powders or telling it's hot while it's cold.
(vii) making the Emperor violate the dietary taboos,
In making meal for the Emperor one must follow the dietary precepts. So when an officer for this fails to do so, he commit a lese majesty.
(viii) failing to make firm the ships for the Emperor's inspection,
These days the Emperor goes inspecting around without cease. The ship for that was already given to the Emperor. That's why this clause refers to the ships for the Emperor's inspection. Well, shipbuilders build the ship with their whole power and strength. So failing to make firm it commits you to this crime.
This and last two clause refers to the crimes by fault. So even before one gives it to the Emperor, one can commit this kind of crime by negligence. Of course in case one intentionally does so, one commits plotting a betrayal. In this case the supervisors or administrators are to be downgraded according to the law, though they themselves don't commit lese majesty.
(ix) pointing at the imperial vehicle with bad intention,
That is to say, in case being unsatisfied one slanders the Emperor pointing the inperial vehicle from bad intention, if the one doesn't seem to have any ill feeling against the heaven, the one only intends to put the blame on the Emperor. However, if the one blamed for this crime protests against the false accusation and it is proved, the one must not be blamed on this article.
(x) refusing the imperial messenger without paying homage to the Emperor.
That is to say, receiving the imperial command, the imperial messenger went to proclaim it around. Then a man fails to receive it humbly, by refusing him. By doing so the guy neglects the homage to the Emperor. Receiving and settling the imperial command, however, belongs to the imperial messenger. Sending ministers also belongs to him.
* The greatest shrine: supposedly the Ise shrine.
(7) Seventh: Unfiliality;
that is (i) accusing, cursing or abusing one's parents or grandparents,
This article originally intends to refer only to accusing one's parents or grandparents. The note to it, however, says "accusing and prosecuting." Expressions are different, but they have one and same meaning in common.
"Cursing" includes charming, "abusing" means speaking evil of them to their faces.
On this article, desiring them to die or seriously suffer by cursing counts among plotting to murder. Accordingly this must be counted among atrocity [see above]. Desiring their love by charming must be dealt on this article with one about robbery. If a descendant desires love from one's parents or grandparents through cursing, the one deserves two years penal labor.
Though "casting spell" and "cursing" bear similar expressions, the former has more importance and the latter less; for if one fascinates even ordinary people, he should be punished for violation of humane way [see above], however, if one only curses somebody, he may not be punished for the eight most serious crimes. Example: an offender to be punished may commit the serious crime by doing the less serious one; that is to say, while cursing has less seriousness, he should be punished for unfiliality, but at the same time, since fascinating is much more serious, he should be punished for the same crime.
(ii) creating a new family register or distributing parents' property while they are still alive,
That is to say: while parents or grandparents are alive, they give their descendants unlimited support. Hence children should go out after telling them where they go and report about it face to face with them when they go back home. They cannot take any selfish ways. Then if a child distributes his or her parents' property or creates a new family register, the child has no genuine filial feeling. In such cases both nominal and substantial relationship between them collapses, and both feelings and the proprieties fade away. Comparing these cases with the proprieties, sin of the former cannot be tolerable. These two things cannot stand together. That's why anybody transgresses this article should be blamed for this crime.
(iii) getting married voluntarily, making music, changing mourning cloths to ordinary ones or holding a celebration during parents' mouring,
"getting married voluntarily during parents' mouring" is applied generally to people committing this crime voluntarily. That is to say, if not voluntarily, even when a man goes together with an woman, it isn't counted among unfilialities. That's why "voluntarily" is added; in order to point out that getting married doesn't lead automatically to the eight most serious crimes. That is to say, if a husband just gets along with a mistress within mourning, he should be demoted one rank from his preent status. On the other hand, if an wife becomes just a mistress within mourning, her penalty should be commuted two degrees. Both cases shouldn't be counted among unfilialties.
"making music" includes making others play or listen to as well as doing by oneself. "music" refers to ringing a bell, beating a drum; playing instruments such as strings, bamboo flutes, gourd flutes, "Kei"* bells, cray flutes, flutes and reeds; songs, dances and other performances.
"changing cloths" says: putting mourning off and ordinary ones on before the formal funeral is finished, that is, within thirteen months from the passing away.
(iv) while hearing parents' death concealing it and failing to mourn, or making a false declaration that parents or grandparents died,
following the Rites; when one hears one's relative passing away, one should reply the messenger by crying. That is to say, one should show one's condolences to the passing-away by deep mourning. Parents' mourning hurts and damages so much that one must fall down at the moment of hearing that, with beating one's breast, trampling the ground and crying to the heaven. Now if one conceals it, neglect to mourn, or chooses arbitrarily the date for mourning, any of them should be blamed for this crime.
"making a false declaration that parents or grandparents died": that is to say, declaring that parents or prandparents are dead while they are still alive or that they have just died though they died long before.
(v) committing adultery with forefather's wife.
* Kei: percussion instrument made by suspended L-shaped metals.
(8) Eighth: Antipropriety;
that is (i) killing the master proprietor, the prime guardian or the present professor,
the master proprietor: following the Rites; imperial prince, nobles who are on fifth grade or higher with official servants in the "curtain."* Servants serve these masters. That's why the latter is called "the master proprietor."
the present professor: professors at the national academy or the grand academy from whom one is receiving lectures on classics. The same rule must be applied to private schools too. Once achieved as a scholar, even after one left his institute, he still has to follow the rule on the present professor.
(ii) killing any higher servant or master on the fifth grade or higher by any lower servant or soldier,
lower servant: lower secretary or clerk.
lower soldier: men at defensive force, guardians and so on. Any of them killed any higher servant on the fifth grade or higher must be punished according to this article.
(iii) concealing the feeling and failing to mourn after hearing of husband's death, making or listening to music, changing mourning cloths to ordinary ones, or getting married again.
The husband is the heaven for the wife. The former piles benefits for the latter. Hense hearing his death should instantly make her a deep mourning. Then if a wife conceals the mourning, fails to mourn, has something to do with music within the mourning, changes mourning cloths to ordinary ones or gets married anew - all of these come from ingratitude -, she goes against the propriety and transgresses the justice. Committing any of them she should be punished for "the eight most serious crimes." Being just a mistress, however, doesn't belong to this crime.
* in the "curtain": in the court