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大唐高祖起義至京師，約法十二條，唯制殺人、劫盜、背軍、叛逆者死，餘並蠲除之。及受禪，又制五十三條格，入於新律，武德七年頒行之。 |
| | The Taizong of the Tang dynasty, when he started a rebellion and marched to the capital, established twelve legal provisions. Only those who committed murder, robbery, desertion from the army, or treason were sentenced to death; all other offenses were pardoned and abolished. After he ascended the throne, he further formulated fifty-three legal provisions, which were incorporated into the new legal code and promulgated in Wu De seventh year (624 AD).
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至太宗即位，制絞刑之屬五十條，免死，斷右趾。其後，蜀王府法曹參軍裴弘獻又駮律令不便者四十餘事，太宗遂令刪改之。除斷趾法，改為加役流三千里，居作二年。比古死刑，殆除其半。據有司定律五百條，分為十二卷，於隋代舊律，減大辟入流九十二條，減入徒者七十一條。又定令千五百九十條，為三十卷。貞觀十一年正月，頒行之。又刪武德、貞觀以來飭格三千餘件，定留七百條，以為格十八卷。七年十二月，詔：「三品以上犯公罪流、私罪徒，送問日不須追身。」 |
| | When Emperor Taizong ascended the throne, he established fifty provisions related to strangulation as punishment, commuting death sentences and instead amputating the right foot. Later, Pei Hongxian, a legal officer of the Shu Wang Fu, criticized more than forty matters in the laws and edicts that were inconvenient. Emperor Taizong then ordered them to be revised and amended. They abolished the law of foot amputation, replacing it with a punishment of exile for three thousand li, followed by two years of labor. Compared to ancient capital punishments, this nearly eliminated half of them. According to the official legal code, there were 500 articles divided into twelve volumes. Compared with the old laws of the Sui dynasty, it reduced ninety-two provisions that had been capital punishment to exile and seventy-one provisions to penal servitude. They also established 1,590 imperial edicts, arranged into thirty volumes. In the first month of Zhen Guan eleventh year (637 AD), they were promulgated and implemented. They also deleted more than three thousand regulations issued since Wu De and Zhen Guan, retaining seven hundred provisions to form eighteen volumes of legal codes. In the twelfth month of Wu De seventh year (625 AD), an imperial decree was issued: "Ministers of the third rank and above who commit official crimes resulting in exile or private crimes resulting in penal servitude need not be summoned for interrogation on the day of questioning."
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高宗永徽初，又令長孫無忌等撰定格式，舊制不便者，皆隨有無刪改。遂分格為兩部：曹司常務為留司格，天下所共者為散頒格。四年，有司又撰律疏三十卷，頒天下。麟德二年，重定格式行之。儀鳳二年，又刪緝格式行之。及文明元年四月，飭：「律令格式，內外官人退食之暇，各宜尋覽。仍以當司格令，書於廳事之壁，俯仰觀瞻，使免遺忘。」 |
| | In the early years of Yong Hui during Emperor Gaozong's reign, it was again ordered that Zhangsun Wuji and others compile legal codes. Any provisions from previous regulations found to be inconvenient were revised or deleted as appropriate. They then divided the legal codes into two categories: routine administrative matters of government offices were classified as Liu Si Ge, while those shared by all regions were categorized as San Ban Ge. In the fourth year (653 AD), the officials compiled thirty volumes of legal interpretations and promulgated them throughout the empire. In Lin De second year (665 AD), they re-established and implemented the legal codes and formats. In Yi Feng second year (677 AD), they revised and compiled the legal codes again for implementation. In April of Wen Ming first year (684 AD), an edict was issued: "All officials, whether inside or outside the court, should study and review the laws, decrees, codes, and formats during their leisure time after meals. They were also ordered to write the relevant legal codes of their respective offices on the walls of the office hall, so that by looking up and down at them, officials could avoid forgetting."
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武太后臨朝，又令有司刪定格式，加計帳及勾帳式，通舊式成二十卷。又以武德以來、垂拱以前詔飭便於時者，編為新格二卷，太后自製序。其二卷之外，別編六卷，堪為當司行用，為垂拱留司格。時韋方質詳練法理，又委其事咸陽尉王守慎，又有經治之才，故垂拱格、式，識者稱為詳密。其律唯改二十四條。 |
| | Empress Wu, during her regency, again ordered the officials to revise and finalize legal codes, adding provisions on account records and audit procedures. Combined with previous formats, they formed twenty volumes in total. She also compiled two volumes of new legal codes from imperial decrees and edicts issued since Wu De but before Chui Gong that were convenient for the times, with an introduction written personally by Empress Dowager Wu. In addition to these two volumes, six more were separately compiled for practical use in the respective offices, forming the Liu Gong Liu Si Ge. At that time, Wei Fangzhi was well-versed in legal principles and entrusted the task to Wang Shoushen, a county official of Xianyang who possessed exceptional administrative talent. Therefore, the Liu Gong Ge and Shi were praised by those with discernment as detailed and thorough. Only twenty-four articles of the legal code were revised.
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神龍中，又刪定垂拱格及神龍元年以來制飭，為散頒格七卷。又刪補舊式為二十卷，頒於天下。 |
| | During the Sheng Long period, they again revised and finalized the Liu Gong Ge as well as imperial decrees issued since the first year of Sheng Long, compiling them into seven volumes of San Ban Ge. They also revised and supplemented the old formats to form twenty volumes, which were promulgated throughout the empire.
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景雲初，又飭刪定格式令。太極元年二月奏上，名太極格。 |
| | In the early years of Jing Yun, another imperial decree was issued to revise and finalize the legal codes and regulations. In February of Tai Ji first year (712 AD), it was submitted to the throne, named Tai Ji Ge.
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開元初，玄宗又令刪定格式令，名為開元格。六年，又令刪定律令格式，名為開元後格。至二十五年，又令刪緝舊格式律令及飭，總七千四百八十條。其千三百四條於事非要，並刪除之。二千一百五十條隨文損益，三千五百九十四條仍舊不改，總成律十二卷，疏三十卷，令三十卷，式二十卷，開元新格十卷。又撰格式律令事類四十卷，以類相從，便於省覽。二十五年九月奏上之，飭於尚書都省寫五十本，發使散於天下。略件文要節如後： |
| | At the beginning of Kai Yuan, Emperor Xuanzong again ordered the revision and finalization of legal codes and regulations, naming them Kai Yuan Ge. In the sixth year (718 AD), he once again ordered the revision of laws, decrees, legal codes and formats, naming them Kai Yuan Hou Ge. By the twenty-fifth year (737 AD), another order was issued to revise, compile, and finalize old legal codes, laws, decrees, as well as imperial edicts, totaling 7,480 articles. Of these, 1,304 provisions were deemed unnecessary for practical governance and were deleted altogether. 2,150 provisions were revised with modifications to the text, and 3,594 remained unchanged. In total, they compiled twelve volumes of laws, thirty volumes of interpretations, thirty volumes of decrees, twenty volumes of formats, and ten volumes of Kai Yuan Xin Ge (New Kai Yuan Codes). They also compiled forty volumes of categorized legal codes, laws, and decrees by subject matter to facilitate easy reference. In September of the twenty-fifth year (July 13, 737 AD), it was presented to the throne. An imperial decree ordered that fifty copies be written at the Ministry of Rites and dispatched by envoys throughout the empire. The key points of these documents are briefly summarized as follows:
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名例律曰：笞刑五。杖刑五。徒刑五。流刑三。 |
| | The Ming Li Law states: Five types of caning punishments. Five types of rod punishments. Five types of penal servitude punishments. Three types of exile punishments.
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十惡：一曰謀反。二曰謀大逆。三曰謀叛。四曰惡逆。五曰不道。六曰大不敬。七曰不孝。八曰不睦。九曰不義。十曰內亂。 |
| | The Ten Evils: First, plotting rebellion. Second, plotting great treason. Third, plotting defection. Fourth, grave filial impiety. Fifth, inhumanity. Sixth, great disrespect toward the emperor. Seventh, filial impiety. Eighth, disharmony within the family. Ninth, unjust behavior. Tenth, incestuous relationships.
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八議：一曰議親。二曰議故。三曰議賢。四曰議能。五曰議功。六曰議貴。七曰議勤。八曰議賓。 |
| | The Eight Considerations: First, consideration for close relatives of the emperor. Second, consideration for old associates of the emperor. Third, consideration for the virtuous and learned. Fourth, consideration for the capable. Fifth, consideration for meritorious service. Sixth, consideration for high-ranking officials. Seventh, consideration for diligent service. Eighth, consideration for honored guests.
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諸八議者，犯死罪，皆條所坐及應議之狀，先奏請議，議定，奏裁。流罪以下，減一等。其犯十惡者，不用此律。 |
| | Those falling under any of the Eight Considerations, if they commit capital crimes, must have their offenses and circumstances warranting consideration listed in detail. The matter should first be reported to the emperor for deliberation; after discussion is concluded, a report shall be submitted for final decision by imperial decree. For crimes punishable by exile or lesser penalties, reduce the severity of the punishment by one degree. Those who commit any of the Ten Evils are not subject to this law.
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諸謀反及大逆者，皆斬，父子年十六以上，皆絞。十五以下及母女、妻妾、祖孫、兄弟姊妹若部曲、資財、田宅，並沒官。男夫年八十及篤疾，婦人年六十及廢疾者，並免。伯叔父、兄弟之子，皆流三千里，不限籍之同異。即雖謀反，辭理不能動眾，威力不足率人者，亦皆斬。父子、母女、妻妾流三千里。資財不在沒限。其謀大逆者，絞。 |
| | Anyone plotting rebellion or committing great treason shall be executed by beheading; their sons and fathers who are sixteen years old or older shall also be hanged. Those under the age of fifteen, as well as mothers, daughters, wives, concubines, Grandparents, grandchildren, brothers, sisters, if any retainers or servants, assets, property, and land shall all be confiscated by the state. Men who are eighty years old or suffering from serious illnesses, and women who are sixty years old or disabled, shall all be exempted. The sons of uncles and brothers shall all be exiled three thousand li; no distinction is made between those with the same or different family registers. Even if someone plots rebellion, but their words and arguments cannot rally the masses, nor do they have sufficient power to lead others, they shall still be executed. Fathers and sons, mothers and daughters, wives and concubines shall all be exiled to a distance of three thousand li. Their assets are not subject to confiscation. Those who plot great treason shall be hanged.
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諸口陳欲反之言，心無真實之計，而無狀可尋者，流二千里。 |
| | Anyone who verbally expresses intentions of rebellion but has no genuine plan in mind and for whom there is no verifiable evidence shall be exiled two thousand li.
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諸謀叛者，絞。已上道者，皆斬。妻子流二千里。若率部眾百人以上，父母、妻子流三千里。所率雖不滿百人，以故為害者，以百人以上論。即亡命山澤，不從追喚者，以謀叛論。其抗拒將吏者，以已上道論。 |
| | Those who plot defection or betrayal shall be hanged. If they have already embarked on the path of rebellion, they shall all be executed. Their wives and children shall be exiled two thousand li away. If they lead a group of one hundred people or more, their parents, spouses, and children shall be exiled three thousand li away. If the number of those led is less than one hundred but they have caused harm intentionally, it shall be treated as if they had led a group of more than one hundred. Those who flee into the mountains or marshes and refuse to surrender when summoned shall be treated as having plotted defection. Those who resist imperial officials or military officers shall be treated as those who have already embarked on the road of rebellion.
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諸謀殺周親尊長、外祖父母、夫、夫之祖父母者，皆斬。謀殺緦麻以上尊長者，流二千里。已傷者，絞。已殺者，皆斬。即尊長謀殺卑幼者，各依故殺罪減二等。已傷者，減一等。已殺者，依故殺法。 |
| | Anyone plotting to kill close relatives, respected elders, grandparents by marriage, one's husband, or the husband's grandparents shall be executed. Those who plot to kill a senior relative related by sishen or closer ties shall be exiled two thousand li from their home. If the victim is injured, they shall be hanged. If the victim is killed, all perpetrators shall be executed. Those who are senior relatives plotting to kill junior or subordinate family members shall each receive a punishment reduced by two degrees from the penalty for intentional murder. If the victim is injured, reduce the punishment by one degree accordingly. If the victim is killed, apply the law for intentional murder as prescribed.
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諸部曲、奴婢謀殺主者，皆斬。謀殺主之周親及外祖父母者，絞。已傷者，皆斬。 |
| | Anyone who is a retainer or servant plotting to kill their master shall be executed. Those who plot to kill the close relatives of their master, or the master's maternal grandparents, shall be hanged. If the victim is injured, all perpetrators shall be executed by decapitation.
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諸妻妾謀殺故夫之祖父母、父母者，流二千里。已傷者，絞。已殺者，皆斬。部曲、奴婢謀殺舊主者，罪亦同。 |
| | Wives and concubines who plot to kill their former husband's grandparents or parents shall be exiled two thousand miles away. If the victim is injured, the perpetrator shall be hanged. If the victim is killed, the perpetrators shall all be executed by decapitation. Retainers and servants who plot to kill their former master shall be punished in the same way.
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諸告祖父母、父母者，絞。即嫡、繼、慈母殺其父，及所養者殺其本生，並聽告。 |
| | Anyone who reports or accuses their grandparents or parents shall be hanged. However, if a legitimate or stepchild, or a child raised by someone else, kills their father or biological parent respectively, they may be reported.
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諸告周親尊長、外祖父母、夫、夫之祖父母，雖得實，徒二年。其告事重者，減所告罪一等。即誣告重者，加所誣罪三等。告大功尊長，告減一等；小功、緦麻，減二等。誣告重者，各加所誣罪一等。即非相容隱，被告者論如律。若告謀反、逆、叛者，各不坐。其相侵犯，自理訴者，聽。 |
| | Anyone who reports a close relative, senior family member, maternal grandparents, husband, or the husband's grandparents, even if the accusation is true, shall be sentenced to two years of penal servitude. For those reporting serious offenses, reduce their punishment by one degree compared to the crime they reported. If someone makes a false accusation regarding a serious crime, their punishment shall be increased by three degrees compared to the falsely accused offense. Reporting a senior relative of the dagon rank, the accuser's penalty is reduced by one degree; For xiaogong and sishen relatives, reduce the punishment for the accuser by two degrees. If a false accusation is made regarding a serious offense, increase the penalty of the accuser by one degree compared to that falsely accused crime. Those who are reported and do not fall under the category of relatives required to conceal each other's crimes shall be judged according to law. If someone reports a crime of plotting rebellion, great treason, or defection, the accuser is not held responsible for any punishment. In cases where relatives infringe upon each other's rights and choose to file a lawsuit themselves, it shall be permitted.
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諸告緦麻、小功卑幼，雖得實，杖八十；大功以上，遞減一等。誣告重者，周親減所誣罪二等，大功減一等，小功以下以凡人論。即誣告子孫、外孫、子孫之婦妾及己之妾者，各勿論。 |
| | Anyone who reports a junior or subordinate relative of sishen, xiaogong rank, even if the report is true, shall receive eighty strokes with the cane; For those related by dagon rank or closer, reduce the penalty by one degree for each higher level of kinship. For false accusations involving serious crimes, if the accused is a close relative (zhouqin), reduce their punishment by two degrees compared to the falsely reported crime; for those related by dagon, reduce it by one degree; and for xiaogong or more distant relatives, treat them as ordinary people. If someone falsely accuses their descendants, grandsons by marriage, the wives or concubines of these descendants, or their own concubines, no punishment shall be imposed on them.
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諸子孫違犯教令，及供養有缺者，徒二年。 |
| | Descendants who disobey parental instructions or fail to provide proper care and support for their parents shall receive two years of penal servitude as punishment.
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諸部曲、奴婢告主，非謀反、逆、叛者，皆絞。告主之周親及外祖父母者，流；大功以下親，徒一年。誣告重者，緦麻加凡人一等；小功、大功，遞加一等。即奴婢訴良，妄稱主壓者，徒三年。部曲，減一等。 |
| | Any retainers, servants, or slaves who report their master for any offense other than plotting rebellion, great treason, and defection shall be hanged. Those who report their master's close relatives or maternal grandparents shall be exiled; For those reporting a relative of the master related by dagon rank or more distantly, they shall receive one year of penal servitude. If someone makes a serious false accusation against another, for those related by sishen ties, the punishment is increased by one degree from that of an ordinary person; For xiaogong and dagon relatives, increase the penalty by another degree for each level. If a slave falsely accuses a free person of oppression or mistreatment by their master, they shall be sentenced to three years of penal servitude. Retainers receive one degree less punishment than this.
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諸同居，若大功以上親及外祖父母、外孫，若孫之婦、夫之兄弟及兄弟妻，有罪相為隱；部曲、奴婢為主隱：皆勿論。即漏露其事及摘語消息，亦不坐。其小功以下相隱，減凡人三等。若犯謀叛以上，不用此律。 |
| | Those living together, or those related by dagon rank and above, maternal grandparents, grandchildren by marriage, daughters-in-law of one's son, brothers of one's husband, and the wives of one's brothers, shall conceal each other's crimes; Retainers and slaves concealing their master's crimes: no punishment is imposed. Even if they inadvertently disclose the matter or provide information, they are not held accountable for any crime. Those concealing crimes of relatives related by xiaogong rank and below shall receive a punishment reduced by three degrees from that imposed on ordinary people. If the crime involves plotting defection or is more severe, this law does not apply.
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諸居父母喪，生子及兄弟別籍、異財者，徒一年。 |
| | Those who have a child during their parents' mourning period, or whose brothers live separately and manage separate property, shall be sentenced to one year of penal servitude.
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諸放部曲為良，已給放書而壓為賤者，徒二年。若壓為部曲及放奴婢為良而壓為賤者，各減一等。各還正之。 |
| | Those who free retainers as common people, but after having issued the documents of emancipation, still treat them as 贱 (low-status individuals), shall be sentenced to two years of penal servitude. If someone forces a freed retainer back into the status of a retainer, or frees slaves as common people but still treats them as low-status individuals, each such act shall be punished one degree less than the aforementioned offense. In each case, they must restore their proper status.
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諸同居卑幼，私輒用財者，十疋笞十，十疋加一等，罪止杖一百。即同居應分，不均平者，計所侵，坐贓論減三等。 |
| | Those who are younger and of lower rank within the same household, if they privately use property without permission, shall be caned ten times for every ten bolts of cloth; an additional degree of punishment is added for each subsequent ten bolts, with the maximum penalty being one hundred strokes. If household members who should divide property do not distribute it fairly, they shall be punished according to the amount of property they have encroached upon; this is treated as embezzlement and reduced by three degrees.
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諸居父母及夫喪而嫁娶者，徒三年。妾，減三等。各離之。知而共為婚姻者，各減五等。不知者，不坐。若居周喪而嫁娶者，杖一百。卑幼，減二等。妾，不坐。 |
| | Those who marry or arrange a marriage during the mourning period for their parents or spouse shall be sentenced to three years in penal servitude. Concubines receive a reduction of three degrees in punishment. They shall be separated from each other. Those who knowingly participate in or arrange such a marriage are to receive a punishment reduced by five degrees. Those who do not know about it shall not be held accountable. If someone marries or arranges a marriage during the mourning period of their grandparents, they shall receive one hundred strokes with the cane. Those who are younger and in a lower rank receive a reduction by two degrees. Concubines shall not be held accountable for this offense.
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諸居父母喪，與應嫁娶人主婚者，杖一百。 |
| | Those who arrange a marriage or participate in the wedding of someone during their parents' mourning period shall receive one hundred strokes with a cane.
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諸謀殺人者，徒三年。已傷者，絞。已殺者，斬。從而加功者，絞；不加功者，流三千里。造意者雖不行，仍為首。即從者不行，減行者一等。 |
| | Those who plot to kill another person shall be sentenced to three years' penal servitude. If the victim is injured, they shall be hanged. If the victim is killed, they shall be executed by beheading. Those who assist and contribute to the crime receive a lesser role: hanged; Those who do not actively participate shall be exiled three thousand li away. The instigator, even if they did not personally carry out the act, is still considered the ringleader. If those who follow do not carry out the act, their punishment is reduced by one degree from that of the person who actually committed it.
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諸以毒藥藥人及賣者，絞。即賣買而未用者，流二千里。脯肉有毒，曾經病人，有餘者速焚之，違者杖九十。若故與人食並出賣令人病者，徒一年。以故致死者，絞。即人自食致死者，從過失殺人法。 |
| | Those who poison others or sell poisoned substances shall be hanged. If the poison was bought and sold but not yet used, the offender shall be exiled two thousand li away. If meat or dried flesh is found to be toxic and has already caused illness in someone, the remaining portions must be burned immediately; those who violate this order shall receive ninety strokes with a cane. If someone intentionally gives toxic meat to another person or sells it, causing illness, they shall be sentenced to one year in penal servitude. If the poisoning results in death, the offender shall be hanged. If a person consumes it themselves and dies as a result, the case follows the law for accidental killing.
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諸有所憎惡，而造厭魅及造符書咒詛，欲以殺人者，各以謀殺論減二等。以故致死者，各依本殺法。欲疾苦人者，又減二等。即於祖父母、父母及主，直求愛媚而厭祝者，流二千里。若涉乘輿者，皆斬。 |
| | If someone, out of hatred or dislike, creates harmful charms, incantations, or written curses with the intent to kill another person, they shall each be punished according to the law for plotting murder but reduced by two degrees. If such actions result in death, each case shall be judged according to the original murder laws. Those who intend only to cause illness or suffering rather than kill receive an additional reduction of two degrees in punishment. If someone performs harmful charms or incantations toward their grandparents, parents, or master solely to gain favor and affection, they shall be exiled two thousand miles away. If the act involves the emperor or his family, all such offenders shall be executed by decapitation.
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諸殘害死屍及棄屍水中者，各減鬥殺罪一等。棄而不失及髡髮若傷者，各又減一等。即子孫於祖父母、父母，部曲、奴婢於主者，各不減。 |
| | Those who maim or destroy a dead body or those who discard the corpse in water, shall each receive a punishment reduced by one degree from the penalty for killing through a fight. If the corpse was discarded but not lost, or if it involved shaving the hair or causing injury to the body, each case receives an additional reduction of one degree in punishment. However, if descendants commit such acts against their grandparents and parents, or retainers and slaves act against their master, no reduction in punishment is granted.
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| | 刑制下: |
諸穿地得死人不更埋，及於塚墓燻狐狸而燒棺槨者，徒二年。燒屍者，徒三年。緦麻以上尊長，各遞加一等。卑幼，各依凡人遞減一等。若子孫於祖父母、父母，部曲、奴婢於主塚墓燻狐狸者，徒二年。燒棺槨者，流三千里。燒屍者，絞。 |
| | Those who dig up a dead body and do not rebury it, or those who burn coffins in tombs to drive out foxes, shall be sentenced to two years' penal servitude. Those who burn a corpse shall be sentenced to three years' penal servitude. For each senior relative of sishen or higher rank, the punishment increases by one degree for each level of relationship. For those who are younger and lower in status, the punishment shall be reduced by one degree for each such category compared to an ordinary person. If descendants burn foxes in the tombs of their grandparents or parents, or if retainers and slaves do so in the tomb of their master, they shall be subjected to two years' penal servitude. Those who burn coffins or caskets shall be exiled three thousand miles away. Those who burn a corpse are to be hanged.
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| | 刑制下: |
諸強盜，不得財，徒二年。一疋徒三年，二疋加一等，十疋及傷人者絞，殺人者斬。其持杖者，雖不得財，流三千里。五疋者，絞。傷人者，斬。 |
| | All cases of robbery, If no property is obtained, they shall be sentenced to two years in penal servitude. For one bolt of cloth, the punishment is three years in penal servitude; for two bolts, an additional degree is added. For ten bolts or if someone is injured, the offender shall be hanged; and for murder, they shall be executed by decapitation. Those who commit robbery with weapons shall be exiled three thousand li even if no property is obtained. If five bolts of cloth are stolen, the punishment is hanging. Those who injure someone shall be executed by decapitation.
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| | 刑制下: |
諸竊盜，不得財，笞五十。一尺杖六十，一疋加一等，五疋徒一年，五疋加一等，五十疋加役流。諸監臨主守自盜及盜所監臨財物者，加凡盜二等，三十疋絞。 |
| | For those committing theft, if no property is stolen, they receive fifty lashes with the cane. For stealing one chi of cloth, they receive sixty strokes; for each additional bolt (one pǐ), the punishment increases by one degree. For five bolts, it is one year in penal servitude; with an additional increase for each further bolt. For fifty bolts, the offender receives a sentence of exile with hard labor. Those in positions of authority who steal from the property under their supervision, or steal the property they are entrusted to guard, Their punishment is increased by two degrees compared to ordinary theft; for stealing thirty bolts, the penalty is hanging.
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| | 刑制下: |
諸盜經斷後，仍更行盜，前後三犯徒者，流二千里；三犯流者，絞。其於親屬相盜者，不用此律。 |
| | Those who commit theft after having already been punished and then continue to steal, if they have committed three offenses punishable by penal servitude in total, shall be exiled two thousand li. If someone has been punished with exile for theft on three occasions, they shall be hanged. Those who steal from relatives are not subject to this law.
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| | 刑制下: |
諸有事以財行求，得枉法者，坐贓論；不枉法者，減二等。即同事共與者，首則併贓論，從者依已分法。 |
| | If someone uses money or property to seek a matter and thereby causes an official to act corruptly, they shall be punished in accordance with the law for bribery; if no corruption of justice occurs, the punishment is reduced by two degrees. If multiple people jointly offer bribes for the same matter, the ringleader shall be punished based on the total amount of bribery involved, while accomplices are treated according to their individual shares.
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| | 刑制下: |
諸監臨主司受財而枉法者，一尺杖一百，一疋加一等，十五疋絞。不枉法者，一尺杖九十，一疋加一等，三十疋加役流。無祿者，各減一等。枉法者，二十疋絞；不枉法者，四十疋加役流。 |
| | Those in positions of authority or oversight who accept money and act corruptly shall receive one hundred strokes for each chi of cloth; the punishment increases by one degree per bolt (pǐ), with thirty bolts resulting in hanging. If no corruption of justice occurs, one chi of cloth results in ninety strokes; the punishment increases by one degree with each additional bolt (pǐ), and thirty bolts result in exile with hard labor. Those without official salaries receive a reduction of one degree for each case. For those who act corruptly, twenty bolts result in hanging; for those who do not act corruptly, forty bolts result in exile with hard labor.
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| | 刑制下: |
諸監臨之官，受所監臨財物者，一尺笞四十，一疋加一等；八疋徒一年，八疋加一等；五十疋流二千里。與者，減五等，罪止杖一百。乞取者，加一等。強乞取者，准枉法論。 |
| | Those officials who are entrusted with oversight and accept property from those under their jurisdiction, receive forty lashes for each chi of cloth stolen; the punishment increases by one level per bolt (pǐ) taken; eight bolts result in one year's penal servitude, with an additional degree for each further bolt; fifty bolts result in exile two thousand li away. Those who give the property receive a reduction of five degrees, with the maximum punishment being one hundred strokes. Those who solicit or demand gifts shall be punished by an additional degree. If someone forcefully demands a gift, they are treated as having acted corruptly.
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| | 刑制下: |
諸官人因使，於使所受送遺及乞取者，與監臨同。經過處取者，減一等。即強乞取者，各與監臨罪同。 |
| | All officials who, while on official business, receive gifts or solicit them in the location of their duties are treated as those entrusted with oversight. Those who take things from places passed through during travel receive a reduction by one degree. If they forcefully solicit or demand, their punishment is the same as that of those entrusted with oversight.
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| | 刑制下: |
諸貸所監臨財物者，坐贓論。若百日不還，以受所監臨財物論。強者，各加二等。若賣買有賸利者，計利以乞取監臨財物論。強市者，笞五十；有賸利者，計利准枉法論。即斷契有數，違負不還過五十日者，以受所監臨財物論。即借衣服、器玩之屬，經三十日不還者，坐贓論，罪止徒一年。 |
| | Those who borrow property from those under their supervision are punished according to the law on embezzlement. If repayment does not occur within one hundred days, it is treated as accepting property from those under supervision. For cases involving coercion, the punishment for each party shall be increased by two degrees. If there are profits from buying and selling, the profit shall be calculated as soliciting or taking property from those under one's supervision. Forced purchases result in fifty lashes; if there are profits, the amount of profit is treated as corruption. If a contract specifies an amount and the debtor fails to repay for more than fifty days, it is treated as receiving property from those under one's supervision. If clothing, utensils, or other items are borrowed and not returned within thirty days, the case is treated as embezzlement, with a maximum punishment of one year's penal servitude.
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| | 刑制下: |
諸監臨之官，私役所監臨及借奴婢、牛馬駝騾驢、車船、碾磑、邸店之類，各計庸賃，以受所監臨財物論。即役使非供己者，計庸坐贓論，罪止杖一百。其應供己驅使而收庸直者，罪亦如之。若有吉凶，借使所監臨者，不得過二十人，不得過五日。其於親屬，雖過限及受饋、乞貸，皆勿論。營公廨借使者，計庸賃，坐贓論減二等。即因市易賸利及懸欠者，亦如之。 |
| | All officials entrusted with oversight who privately employ those under their jurisdiction or borrow servants, oxen, horses, camels, mules, donkeys, carts, boats, mills, inns, and similar items shall be punished according to the value of labor or rental fees as if they had accepted property from those under supervision. If the person employed is not for one's own use, the punishment is based on labor value as embezzlement, but the maximum penalty is one hundred strokes. Those who should serve for personal use but instead charge labor fees shall be punished in the same way. In cases of joyous or sorrowful events, borrowing those under one's jurisdiction for service must not exceed twenty people and must not last more than five days. If the individuals involved are relatives, even if they exceed the time limit or receive gifts, solicit loans, no punishment shall be imposed. For those who borrow and use people for official office matters, the labor or rental value is calculated as embezzlement but reduced by two degrees. Those who gain profits from market transactions or have outstanding debts also follow the same rule.
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| | 刑制下: |
諸監臨之官，受豬羊供饋，坐贓論。強者，依強取監臨財物法。 |
| | All officials entrusted with oversight accepting pigs and sheep as gifts, shall be punished according to the law of embezzlement. If taken by force, it follows the law for forcibly taking property from those under oversight.
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| | 刑制下: |
諸率斂所監臨財物，饋遺人，雖不入己，以受所監臨財物論。 |
| | Those who collect and distribute the property of those under their oversight, even if not for personal gain, are treated as having accepted property from those they supervise.
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| | 刑制下: |
諸監臨之官家人，於所部有受乞、借貸、役使、賣買有賸利之屬，各減官人罪二等。官人知情，與同罪；不知情者，各減家人罪五等。其在官非監臨及家人有犯者，各減監臨及監臨家人一等。 |
| | Family members of officials entrusted with oversight who accept gifts, borrow or lend money, employ labor, or make profit through buying and selling from those under the official's jurisdiction shall each receive a punishment reduced by two degrees compared to that of the official. If the official is aware, they share equal guilt; if unaware, each party receives a reduction of five degrees from their family member's punishment. For those in office who are not entrusted with oversight, and their family members committing offenses, the punishment is reduced by one degree from that of officials entrusted with oversight and their families.
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| | 刑制下: |
諸去官而受舊官屬、士庶饋與，若乞取、借貸之屬，各減在官時三等。 |
| | Those who, after leaving office, receive gifts from former subordinates or common people, or solicit and borrow money, shall each be punished with a reduction of three degrees compared to when they were in office.
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| | 刑制下: |
諸因官挾勢及豪強之人乞索者，坐贓論減一等。將送者為從。 |
| | Those who, by virtue of their office or through bullying and strength, solicit gifts shall be punished according to embezzlement law with a reduction of one degree. Those who deliver the gift are treated as accomplices.
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| | 刑制下: |
諸監臨主守，以官物私自貸若貸人及貸之者，無文記，以盜論。有文記，准盜論。立判案，減二等。即充公廨及用公廨物，若出付市易而私用者，減一等坐之。所貸之人，不能備償者，徵判署之官。 |
| | All officials entrusted with supervision or guarding who privately lend official property, or those who borrow it from them, without written records shall be treated as thieves. If there is a written record, the punishment follows that of theft. Those who issue official judgments reduce the punishment by two degrees. If used for public office purposes or with property from the public office, or if given to market transactions but privately used, the punishment is reduced by one level. If the person who borrowed cannot repay in full, the official responsible for issuing the judgment shall be held accountable.
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| | 刑制下: |
諸坐贓致罪者，一尺笞二十，一疋加一等，十疋徒一年，罪止徒三年。與者，減五等。 |
| | For those guilty of embezzlement and thus committing a crime, one chi incurs twenty lashes; each bolt (pǐ) increases the punishment by one degree. Ten bolts result in one year of penal servitude, with the maximum penalty being three years of penal servitude. Those who give the bribe receive a reduction of five degrees.
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| | 刑制下: |
諸於他人地內得宿藏物，隱而不送者，計合還主之分，坐贓論減三等。 |
| | Those who find buried treasure on another person's land and conceal it without reporting shall be punished according to the amount that should have been returned to the owner, with a reduction of three degrees for embezzlement.
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| | 刑制下: |
諸鬥毆人者，笞四十。傷及以他物毆人者，杖六十。傷及拔髮方寸以上，杖八十。若血從耳目出及內損吐血者，各加二等。 |
| | Those who fight or assault others receive forty lashes. If injury occurs, or if someone strikes another using an object other than their hands and feet, the punishment is sixty strokes. If the injury includes pulling out hair over an area of one square cun or more, the punishment is eighty strokes. If blood flows from the ears or eyes, or if there is internal injury resulting in vomiting blood, each case shall be increased by two degrees.
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| | 刑制下: |
諸鬥毆人，折齒、毀缺耳鼻，眇一目及折手足指，若破骨及湯火傷人者，徒一年。折二齒二指，以上及髡髮者，徒一年半。 |
| | Those who fight and assault others, causing broken teeth, damaged or missing ears or nose, blinding one eye, or breaking fingers of the hands or feet, If bones are broken or someone is injured by scalding water or fire, the punishment is one year of penal servitude. Breaking two teeth and two fingers or more, or shaving someone's head bald, results in one and a half years of penal servitude.
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| | 刑制下: |
諸鬥以兵刃，斫射人不著者，杖一百。若刃傷，及折人肋，眇其兩目，墮人胎，徒二年。諸鬥毆，折跌人支體及瞎其一目者，徒三年。辜內平復者，各減二等。即損二事以上及因舊患令至篤疾，若斷舌及毀敗人陰陽者，流三千里。 |
| | Those who fight using weapons or blades but do not hit the person are punished with one hundred strokes. If injured by a blade, or if someone breaks another's ribs, blinds both eyes, or causes a miscarriage, the punishment is two years of penal servitude. Those who fight and assault another person to the extent of breaking or fracturing a limb, or blinding one eye, shall be sentenced to three years of penal servitude. If the injury heals within the womb (before birth), the punishment is reduced by two degrees. If the injury causes damage to two body functions or more, or aggravates an existing condition into a severe illness, or if it results in tongue amputation or destruction of reproductive organs, exile three thousand li away is imposed.
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| | 刑制下: |
諸鬥毆殺人者，絞。以刃及故殺人者，斬。雖因鬥而用兵刃殺人者，與故殺同。不因鬥，故毆傷人者，加鬥毆傷罪一等。雖因鬥，但絕時而殺傷者，從故殺傷法。 |
| | Those who fight and kill another person are to be hanged. If the killing is done with a blade or was intentional, the punishment is execution by decapitation. Even if it occurs during a fight, using weapons or blades to kill another person is treated the same as intentional murder. If not due to a fight, but intentionally injuring someone, the punishment is increased by one degree compared to injuries caused in a fight. Even if it was due to a fight, if the killing or injury occurs after the conflict has ended, it follows the law of intentional killing or injury.
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| | 刑制下: |
諸保辜者，手足毆傷人限十日，以他物毆傷人者二十日，以刃及湯火傷人者三十日，折跌支體及破骨者五十日。限內死者，各依殺人論。其在限外及雖在限內以他故死者，各依本毆傷法。 |
| | Those who are given a period to heal (bao gu) from injuries: if someone is injured with hands or feet, the healing period is ten days; if injured by other objects, twenty days; if injured with blades or fire/water, thirty days; and for broken bones or fractured limbs, fifty days. If the victim dies within the healing period, each case is treated as murder. Those who die outside of this time limit or those who die within the time period due to other causes shall be judged according to their original assault and injury laws.
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| | 刑制下: |
諸同謀共毆傷人者，各以下手重者為重罪，元謀減一等，從者又減一等。若元謀下手重者，餘各減二等。至死者，隨所因為重罪。其不同謀者，各依所毆傷殺論。其事不可分者，以後下手為重罪。若亂毀傷，不知先後輕重者，以謀首及初鬥者為重罪，餘各減二等。 |
| | Those who conspire together to assault and injure someone shall be punished according to the severity of the injury caused by each individual, with the original planner receiving a punishment reduced by one degree compared to the most severe offender, and accomplices receiving an additional reduction of one degree. If the original planner is also the one who inflicted the most serious injury, then all others receive a reduction of two degrees in their punishment. In cases where death results, the severity of the crime is determined according to the specific cause. Those who did not conspire together are judged separately according to the assault, injury, or murder they individually committed. In cases where it is impossible to distinguish individual roles in the incident, the person who struck last shall bear the most severe punishment. If there is chaotic destruction and injury, making it impossible to determine the order or severity of injuries, then the ringleader and the initial instigator shall bear the most serious punishment, while others receive a reduction by two degrees.
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| | 刑制下: |
諸毆制使若本屬府主、刺史、縣令，及吏卒毆本部五品以上官長，徒三年。傷者，流二千里。折傷者，絞。若毆六品以下官長，各減三等；減罪輕者，加凡鬥一等。死者，斬。詈者，各減毆罪三等。即毆佐職者，徒一年。傷重者，加凡鬥傷一等。死者，斬。 |
| | Those who assault imperial envoys or their superiors in the same administrative unit, such as a governor, prefectural magistrate, county magistrate, or officials of rank five and above by clerks or soldiers, shall be sentenced to three years' penal servitude. If injury is caused, the punishment is exile for two thousand li. Those who cause broken bones or serious injuries shall be hanged. If officials of rank six and below are assaulted, the punishment for each case is reduced by three degrees; For those whose crimes are less severe after reduction, an additional one degree of severity shall be added compared to a common fight. If death results, the punishment is execution by decapitation. Those who insult others shall receive a punishment reduced by three degrees from that of assault. If someone assaults a deputy official, they shall receive one year of penal servitude. For more serious injuries, the punishment is increased by one grade compared to ordinary assault injuries. If death results, the sentence is execution by beheading.
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| | 刑制下: |
諸造妖書及妖言者，絞。傳用以惑眾者，亦如之。其不滿眾者，流三千里。言理無害者，杖一百。即私有妖書，雖不行用，徒二年。言理無害者，杖六十。 |
| | Those who create superstitious writings or spread superstitious words shall be hanged. Those who spread or use such writings to deceive the people shall be treated in the same way. Those who do not deceive the masses shall be exiled for three thousand li. If the words spoken are found to be harmless, then one hundred strokes with a stick is the punishment. Those who privately possess superstitious writings, even if they do not use or spread them, shall be sentenced to two years of penal servitude. If the content is found harmless in terms of reason and logic, then sixty strokes with a stick are imposed.
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| | 刑制下: |
諸夜無故入人家者，笞四十。主人登時格殺者，勿論。若知非侵犯而殺傷者，減鬥殺傷二等。其就拘執而殺傷者，各以鬥殺傷論，至死者加役流。 |
| | Those who enter someone's home at night without just cause shall be caned forty times. If the homeowner kills the intruder immediately, no punishment is imposed. If one knows that there has been no infringement but still causes injury or death, the punishment shall be reduced by two degrees from that of killing or injuring in a fight. If someone is killed or injured while being apprehended, the case shall be treated as killing or injuring in a fight; if death results, it is punished by penal servitude with exile.
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| | 刑制下: |
諸盜官文書印者，徒二年；餘印，杖一百。 |
| | Those who steal official documents and seals shall be sentenced to two years' penal servitude; For other types of seals, one hundred strokes with a rod are imposed.
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| | 刑制下: |
諸無官犯罪，有官事發，流罪以下，以贖論。卑官犯罪，遷官事發；在官犯罪，去官事發；或事發去官；犯公罪流以下，各勿論。餘罪，論如律。有官犯罪，無官事發；有蔭犯罪，無蔭事發；無蔭犯罪，有蔭事發：並從官、蔭之法。 |
| | Those who commit crimes without official positions, if they hold an office when the crime is discovered, shall be allowed to pay a fine in lieu of punishment for offenses punishable by exile or lesser penalties. If a low-ranking official commits a crime and is later promoted, when the offense comes to light; If an official commits a crime while in office but has since left their post before the matter arises; Or if they resign after the offense is discovered; For official crimes punishable by exile or less, no punishment shall be imposed. Other offenses shall be judged according to the law. If an official commits a crime but is no longer in office when it comes to light; If someone with privilege (yin) commits a crime, and the matter arises after they lose that privilege; Or if someone without privilege at the time of committing a crime later gains it when the matter arises: in all such cases, the law regarding official status or privilege shall apply.
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| | 刑制下: |
諸犯私罪，以官當徒者，五品以上，一官當徒二年；九品以上，一官當徒一年。若犯公罪，各加一年當。以官當流者，三流同比徒四年。其有二官，先以高者當，次以勳官當。行守者，各以本品當，仍各解見任。若有餘罪及更犯者，聽以歷任之官當。其流內官而任流外職犯罪，以流內官當及贖徒一年者，各解流外任。 |
| | Those who commit private crimes and use their official position to serve a penal servitude sentence: For officials of rank five or higher, one official rank may be used to serve two years in penal servitude; For officials of rank nine or higher, one official rank can be used to serve one year in penal servitude. If the crime is an official offense, the number of years served for each rank shall be increased by one year. If an official uses their position to serve a sentence in place of exile, the three types of exile are equivalent to four years of penal servitude. If one holds two official positions, the higher-ranking office shall be used first for the substitution, Next, the rank of merit (xun guan ) shall be used for substitution. For acting or provisional officials, each shall use their original rank for substitution and must resign from their current post. If there are remaining crimes or further offenses, the official may use ranks held in previous positions for substitution. If an official of a regular rank (liu nei guan) holds a position in the non-official category (liu wai zhi) and commits a crime, when using their regular rank for substitution or paying a fine to serve one year's penal servitude, they must resign from the non-official post.
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| | 刑制下: |
諸流配人，在道會赦，計行程過限者，不得以赦原。有故者，不用此律。若程內逃亡，亦不在免限。即逃者身死，所隨家口仍准上法聽還。 |
| | Those who are exiled or assigned to labor and encounter a general pardon while en route, but have exceeded the travel time limit according to their journey's distance, shall not be granted amnesty. If there are legitimate reasons, this law does not apply. If someone flees during the prescribed travel period, they also fall outside the scope of exemption. However, if the escaped person dies, their family members who accompanied them may still return according to the aforementioned law.
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| | 刑制下: |
諸年七十以上，十五以下及廢疾，犯流罪以下，收贖。八十以上，十歲以下及篤疾，犯反逆、殺人應死者，上請；盜及傷人者，亦收贖；餘皆勿論。九十以上，七歲以下，雖有死罪，不加刑。即有人教令，罪其教令者。若有贓應備，受贓者備之。 |
| | Those aged seventy or older, under fifteen years old, and those with disabilities who commit crimes punishable by exile or lesser offenses shall be allowed to pay a redemption fine. Those aged eighty or older, ten years old or younger, or those with severe disabilities who commit treason, murder, and should be executed must have their cases submitted for imperial review; those guilty of theft or injury to others may also pay a redemption fine; All other cases are not subject to punishment. Those aged ninety or older and those seven years old or younger shall not be subjected to capital punishment, even if they commit a death penalty offense. If someone is taught or ordered by another, the one who gave the instruction shall be held responsible for the crime. If there are stolen goods that should be returned, it is the person who accepted them who must make restitution.
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| | 刑制下: |
諸犯罪時雖未老疾，而事發時老疾者，依老疾論。若在徒年限內老疾者，亦如之。犯罪時幼小，事發時長大，依幼小論。 |
| | Those who committed a crime when they were not yet old or disabled, but are found to be elderly or disabled at the time the case is brought to trial shall be judged according to laws for the elderly and disabled. If someone becomes old or disabled while serving a penal servitude sentence, they are also treated in accordance with these provisions. If the crime was committed when one was young but the case is brought to light after they have grown up, it shall still be judged according to laws applicable to minors.
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諸以贓入罪，正贓見在者，還官主。已費用者，死及配流勿徵，餘皆徵之。若計庸賃為贓者，亦勿徵。諸平贓者，皆據犯處當時物價及上絹估。平功庸者，計人日為絹三尺。牛、馬、駝、騾、驢、車亦同。其船及碾磑、邸店之類，亦依犯時價值。庸賃雖多，各不得過其本價。 |
| | When a crime is punished based on stolen goods and the actual stolen property still exists, it shall be returned to the official or original owner. If the stolen goods have already been spent, no collection is required for those who are executed or exiled. All other cases shall be subject to collection. If the stolen property is valued in terms of labor or rental compensation, it shall also not be collected. When assessing the value of stolen goods, one must base the evaluation on the local market prices at the time and place of the crime, as well as the official silk valuation. When assessing labor compensation, one day's work by a person is valued at three chi of silk. The same valuation applies to oxen, horses, camels, mules, donkeys, and carts. For boats, mills, inns, or similar properties, the value shall also be based on their worth at the time of the offense. Although labor and rental compensation may vary, they must not exceed the original value of the item.
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諸犯罪未發而自首者，原其罪。其輕罪雖發，因首重罪者，免其重罪。即因問所劾之事，而別言餘罪者，亦如之。即遣人代首，若於法得相容隱者為首及相告言者，各聽如罪人身自首法。其聞首、告，被追不赴者，不得原罪。即自首不實及不盡者，以不實、不盡之罪罪之，至死者聽減一等。其知人欲告及亡叛而自首者，減罪二等坐之。即亡叛者雖不自首，能還歸本所者，亦同。其於人損傷，於物不可備償，即事發逃亡，若越度關及姦，并私習天文者，並不在自首之例。 |
| | Those who commit a crime but confess before it is discovered shall have their punishment pardoned. If a minor crime has already been discovered, but the person confesses to a more serious crime as well, then the punishment for the serious crime shall be waived. If someone, while being questioned about a specific charge, confesses to other crimes as well, the same rule shall apply. If someone sends another person to confess on their behalf, or if a person who is legally allowed to conceal the crime for them confesses or reports it, each shall be treated according to the same rules as if the criminal had confessed in person. Those who are summoned to confess or report a crime but fail to appear when pursued shall not be pardoned for their crimes. If a self-confession is false or incomplete, the person shall be punished according to the severity of the falsehood or incompleteness; if the punishment would otherwise be death, it may be reduced by one degree. Those who confess voluntarily upon learning that someone intends to report them or that they are about to flee or rebel shall be punished two degrees less severely. Even if those who have fled or rebelled do not confess voluntarily, but return to their original place of assignment, they shall be treated the same. In cases of injury to others, In cases where stolen property cannot be fully repaid, If a crime is discovered and the person flees, If someone illegally crosses a customs checkpoint or commits adultery, Those who privately study astronomy, as well as those involved in other specified offenses, are not eligible for the self-confession exemption.
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諸共犯罪者，以造意為首，隨從者減一等。若家人共犯，止坐尊長。侵損於人者，以凡人首從論。即共監臨主守為犯，雖造意，仍以監主為首，凡人以常從論。 |
| | Those who commit crimes together shall be categorized as follows: the instigator is considered the ringleader, and those who follow shall receive a punishment reduced by one degree. If family members commit a crime together, only the head of the household or senior member is held responsible. In cases where someone infringes upon or damages another person, the distinction between ringleaders and followers shall be determined according to general principles. If a crime is committed together with an official in charge of supervision or guarding, even if the common person was the instigator, the supervising official shall still be considered the ringleader and the common person treated as a regular follower.
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諸二罪以上俱發，以重者論。等者從一。若一罪先發，已經論決，餘罪後發，其輕若等，勿論；重者，更論之，通計前罪，以充後數。即以贓致罪，頻犯者並累科。若罪法不等者，以重贓併滿輕贓。各倍論。其一事分為二罪，罪法若等，則累論；罪法不等，則以重法併滿輕法。累併不加重者，止從重論。其應除免、倍、沒、備償、罪止者，各盡本法。 |
| | If two or more crimes are discovered, punishment shall be based on the most serious crime. If two crimes are equal in severity, only one shall be applied. If one crime is discovered first and has already been judged or punished, and other crimes are later discovered that are equal in severity or lighter, they shall not be further pursued. If a more serious crime is later discovered, it shall be judged separately and the previous punishment may be combined with the new one to fulfill the total sentence. If a crime involving stolen goods leads to further offenses, and if someone repeatedly commits such crimes, punishments shall be cumulatively applied. If the legal penalties for different crimes are unequal, then a heavier penalty involving stolen goods may be combined to fulfill a lighter one. Each shall be punished at double the rate. If a single incident is divided into two crimes and the legal penalties are equal, then they shall be treated cumulatively; if the legal penalties differ in severity, then the heavier penalty shall be combined to fulfill the lighter one. If cumulative punishment does not increase the severity, only the heavier crime shall be considered. For cases involving exemption from punishment, doubling of penalties, confiscation, compensation for losses, or limits on criminal liability, the relevant provisions shall be fully applied according to their respective laws.
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諸脫戶者，家長徒三年。無課役者，減二等。女戶，又減三等。脫口及增減年狀，以免課役，一口徒一年，二口加一等，罪止徒三年。其增減非免課役及漏無課役口者，四口為一口，罪止徒一年半。即不滿四口，杖六十。 |
| | Those who abandon their household registration shall have the head of the family sentenced to three years' penal servitude. If there is no tax or corvée obligation, the punishment shall be reduced by two degrees. For female-headed households, another reduction of three degrees shall apply. Unreported household members or falsified age and status information, If the purpose is to evade taxes and corvée labor, one unregistered person results in a sentence of one year's penal servitude; for each additional unregistered person, the punishment increases by one degree, with the maximum being three years' penal servitude. If the falsified information does not involve evading taxes and corvée, or if unregistered persons are exempt from such obligations, then four unregistered people count as one, with a maximum punishment of one year and six months' penal servitude. If the number of unregistered persons is less than four, then sixty strokes of the cane shall be imposed.
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諸祖父母、父母在，而子孫別籍、異財者，徒三年。若祖父母、父母令別籍及以子孫妄繼人後者，徒二年，子孫不坐。 |
| | Those whose grandchildren or descendants establish separate household registrations or manage property separately while their grandparents or parents are still alive shall be sentenced to three years' penal servitude. If grandparents or parents order their descendants to establish separate household registrations, or if descendants falsely claim to be the heirs of another family, the grandparents or parents shall receive two years' penal servitude, and the descendants shall not be punished.
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諸擅發兵，十人以上徒一年，百人徒一年半，二百人加一等，千人絞。給與者，隨所給人數，減擅發一等。其寇賊卒來，欲有攻襲，即城屯反叛，若賊有內應，急須兵者，得便調發。雖非所屬，比部官司亦得調發給與，並即言上。若不即調發及不即給與者，准所須人數，並與擅發罪同。其不即言上者，亦准所發人數，減罪一等。若有逃亡、盜賊，權差人夫，足以追捕者，不用此律。 |
| | Those who 擅自 mobilize troops without authorization: if ten or more people are involved, the punishment is one year's penal servitude for each; if 100 people are involved, it increases to one and a half years' penal servitude; if 200 people are involved, an additional degree of punishment is added; if 1,000 people are mobilized, the punishment is strangulation. Those who supply troops to others shall receive a punishment one degree lighter than the unauthorized mobilization, according to the number of people supplied. If bandits suddenly attack, or if a city garrison rebels, or if there is an internal traitor among the bandits and troops are urgently needed for defense, it is permissible to immediately mobilize forces. Even if the forces do not belong to their jurisdiction, neighboring military authorities may also mobilize and supply troops, but they must immediately report to their superiors. If forces are not immediately mobilized or supplies not promptly provided, the punishment shall be the same as for unauthorized mobilization, based on the number of troops required. Those who fail to immediately report shall also be punished one degree less severely, based on the number of mobilized troops. If there are fugitives or thieves and it is necessary to temporarily assign laborers for pursuit and capture, this law does not apply.
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諸主將守城，為賊所攻，不固守而棄去，及守備不設，為賊所掩覆者，斬。若連接寇賊，被遣斥候不覺賊來者，徒三年。以故致有覆敗者，亦斬。 |
| | Those in command of defending a city who, when attacked by bandits or enemies, do not firmly defend and abandon their post, or fail to prepare defenses and are thus ambushed and defeated, shall be executed. If someone is connected with bandits or enemies and fails to detect their approach despite having sent scouts, the punishment shall be three years' penal servitude. If this failure results in defeat or disaster, they too shall be executed.
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諸主將以下，臨陣先退，若寇賊對陣，捨仗投軍，及棄賊來降而輒殺者，斬。即違犯軍令，軍還以後，在律有條者，依律斷；無條者，勿論。 |
| | All commanders and subordinates who retreat before the enemy on the battlefield, or who abandon their weapons to join the opposing forces during a confrontation, or who kill surrendered bandits without authorization, shall be executed. If someone violates military orders and the violation is discovered after the army has returned, and there are specific legal provisions for such a case, then judgment shall be made according to those laws; if no provision exists, it shall not be pursued.
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諸私有禁兵器者，徒一年半。弩一張，加二等。甲一領及弩三張，流二千里。甲三領及弩五張，絞。私造者，各加一等。造未成者，減二等。即私有甲、弩，非全成者，杖一百。餘非全成者，勿論。 |
| | Those who privately possess prohibited weapons shall receive one and a half years' penal labor. One crossbow adds two degrees of punishment. Possessing one set of armor or three crossbows results in exile to a distance of 2,000 li. Possessing three sets of armor and five crossbows is punishable by strangulation. Those who privately manufacture such weapons shall each receive an additional degree of punishment. If the weapon is unfinished or not yet completed, the punishment shall be reduced by two grades. Those who privately possess incomplete armor or crossbows shall receive one hundred strokes of the cane. Other weapons that are not fully completed shall not be punished.
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諸言告人罪，非叛以上者，皆令三審。應受辭牒，官司並具曉示，並得叛坐之情。每審皆別日受辭，官人於審後判記審訖，然後付司。若事有切害者，不在此例。不解書者，典為書之。前人合禁，告人亦禁，辨定放之。即鄰伍告者有死罪，留告人散禁；流以下，責保參對。誣告人者，各反坐。即糾彈之官挾私彈事不實者，亦如之。若告二罪以上，重事實，及數事等，但一事實，除其罪。重事虛，反其所剩。即罪至所止者，所誣雖多，不反坐。其告二人以上，雖實者多，猶以虛者反坐。若上表告人，已經聞奏，事有不實，反坐罪輕者，從上書詐不實論。 |
| | Anyone who accuses another of a crime, unless it is treason or higher in severity, must undergo three reviews. The official documents accepting the accusation must clearly inform the authorities and fully disclose the details of the alleged treason or crime. Each review must be conducted on a separate day. After each review, the official must record that the examination has been completed before passing it to the relevant office. If the matter involves urgent or serious harm, this rule does not apply. For those who cannot read or write, the clerk shall record their statements on their behalf. If the accused is to be detained, the accuser must also be detained until the matter is clarified and then released. If a neighbor or fellow villager accuses someone of a capital crime, the accuser may be temporarily detained but not confined in prison; For crimes punishable by exile or lesser penalties, the accused must provide a guarantor and undergo verification. Those who make false accusations shall be punished according to the crime they falsely accused others of. Officials who bring private grievances and make unfounded accusations shall also be punished in the same manner. If someone reports multiple crimes and at least one of them is true, or if several matters are equally serious but only one is proven to be true, the crime shall be dismissed. If the more serious matter turns out to be false, then the punishment should correspond to the remaining lesser offense. If the crime reaches its maximum penalty, even if multiple false accusations are made, the accuser shall not be punished for each. If someone accuses more than one person and although many of the accusations are true, if any part is false, they shall still be punished for the false accusation. If someone submits a memorial to accuse another, and the matter has already been reported to the emperor, but is found to be untrue, and if the punishment for false accusation would otherwise be light, they shall instead be punished according to the law for submitting a fraudulent petition.
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諸誣告本屬府主、刺史、縣令者，加所誣罪二等。 |
| | Anyone who makes false accusations against their local administrative superior, such as a prefectural governor, regional governor, or county magistrate, shall receive an additional two degrees of punishment beyond the crime they falsely accused them of.
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諸投匿名書告人罪者，流二千里。得書者，皆即焚之。若將送官司者，徒一年。官司受而為理者，加二等。被告者，不坐。輒上聞者，徒三年。 |
| | Anyone who sends anonymous letters to accuse others of crimes shall be exiled for 2,000 li. Anyone who receives such a letter must immediately burn it. If someone delivers the anonymous letter to the authorities, they shall receive one year of penal servitude. Officials who accept and act upon such a letter shall be punished with an additional two degrees. The accused is not to be punished. Anyone who 擅自 reports the matter to a higher authority without authorization shall receive three years of penal servitude.
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諸以赦前事相告言者，以其罪罪之。官司受而為理者，以故入人罪論。至死者，各加役流。若事須追究者，不用此律。 |
| | Those who report or accuse others for crimes committed before an amnesty is issued shall themselves be punished according to the same crime they reported. If officials accept and act on such accusations, they shall be treated as having wrongfully convicted someone of a crime. In cases where the punishment would otherwise be death, each party involved shall instead receive penal servitude for exile. If the matter must be investigated and pursued, this law does not apply.
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諸被囚禁，不得告舉他事。其為獄官酷己者，聽之。即年八十以上、十歲以下及篤疾者，聽告謀反、逆、叛、子孫不孝及同居之內為人侵犯者。餘並不得告。官司受而為理者，各減所理罪三等。 |
| | Those who are imprisoned may not report or accuse others of unrelated matters. However, if the prisoner is being subjected to cruel treatment by a prison official, they are allowed to make such an accusation. Those who are eighty years old or older, under ten years of age, or suffering from a serious illness may report crimes such as treason, rebellion, desertion, filial impiety by descendants, and cases where someone within the household has committed an offense against them. All other matters are not permitted to be reported or accused. If officials accept and handle such cases, they shall each receive a reduction of three degrees in the punishment for the crime being handled.
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上元元年十二月，刑部奏：「准名例律注云：『獄成，謂贓狀露驗及尚書省斷訖未奏。』疏云：『贓，謂所犯之贓，見獲本物；狀，謂殺人之類，得狀為驗。雖在州縣，並為獄成。尚書省斷訖未奏者，謂刑部覆訖未奏，亦為獄成。』今法官商量，若款自承伏，已經聞奏，及有飭付法，刑名更無可移者，謂同獄成。臣今與法官審加詳議，仍永為恆式。」飭旨依。二年六月，刑部奏：「謹按五刑，笞、杖、徒、流、死是也。今准飭除削絞死罪，唯有四刑。每有思慮，須降死刑，不免還許斬絞。飭律互用，法理難明。又應決重杖之人，令式先無分析，京城知是蠹害，決殺者多死；外州見流嶺南，決不至死。決有兩種，法開二門。」飭旨：「斬、絞刑宜依格律處分。」 |
| | In the twelfth month of Shangyuan Yuan Nian, the Ministry of Punishments submitted a report: "According to the annotations in the Law on Names and Examples, 'a completed case refers to one where evidence of stolen goods has been clearly verified and the case has been decided by the Secretariat but not yet reported to the emperor.'" The commentary states: "Evidence of stolen goods refers to the actual items obtained from the crime;" "Reported facts," refer to cases such as murder, where a detailed account is provided and verified. Even if the case is still at the level of prefectures or counties, it may already be considered a completed case. "A case decided by the Secretariat but yet to be reported" means a case that has been reviewed and finalized by the Ministry of Punishments but not yet submitted for imperial approval; this is also considered a completed case.' Now, after deliberation by the judges, if a defendant has confessed and the case has already been reported to the throne, or if there is an official order for execution and no further legal grounds remain to alter the sentence, this shall be considered equivalent to a completed case. We have now carefully reviewed and discussed the matter with the judges and propose that this should remain as an eternal standard for future reference." The imperial decree approved it. In the sixth month of the second year, the Ministry of Punishment submitted a report: "Carefully examining the Five Punishments, which are caning (chi), beating with a cane (zhang), penal servitude (tu), exile (liu), and death (si). Now, according to imperial decree, strangulation for capital crimes has been abolished, leaving only four punishments. 𝑙 Whenever there is deliberation and the death penalty must be reduced, it cannot avoid still allowing execution by beheading or strangulation. The mutual use of imperial decrees and legal codes leads to unclear legal principles. Moreover, for those who should receive severe caning, there are no prior regulations or distinctions. In the capital city, officials recognize this as a harmful practice and many of those executed by beating have died; in outlying prefectures, convicts sentenced to exile in Lingnan are often flogged but not to death. There are two types of beating, and the law opens two categories." The imperial decree stated: "Punishments by beheading or strangulation should be administered according to established legal standards."
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寶應元年九月，刑部、大理奏：「准式，制飭處分與一頓杖者，決四十；至到與一頓及重杖一頓，並決六十。無文至死者，謂准式處分。又制飭或有令決痛杖一頓者，式文既不載杖數，請准至到與一頓決六十，並不至死。」飭旨依。 |
| | In the ninth month of Baoying Yuan Nian, the Ministry and Supreme Court submitted: "According to regulations, for those receiving imperial decrees or orders that include a single flogging punishment, forty strokes shall be administered; if the decree specifies one round of beating or a heavier beating in one session, sixty strokes shall be given. Those who die without written orders are considered to have been punished according to standard regulations. Furthermore, if an imperial decree or order commands a severe beating in one session but the regulations do not specify the number of strokes, we request that it be treated as "one round of heavy beating" and sixty strokes administered, without resulting in death." The imperial decree approved this.
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建中三年八月，刑部侍郎班宏奏：「其十惡中，惡逆以上四等罪，請准律用刑；其餘及犯別罪，應合處斬刑，自今以後，並請決重杖一頓處死，以代極法。重杖既是死刑，諸司使不在奏請決重杖限。」飭旨依。 |
| | In the eighth month of Jianzhong San Nian, Ban Hong, Vice Minister of Punishments, submitted a report: "Among the Ten Evils, for the four most serious crimes above Evil Rebellion, I request that punishments be administered according to the law; for other crimes and those who commit different offenses, if the appropriate punishment is beheading, I respectfully request that from now on they receive a heavy beating in one session as execution, to replace the most severe form of capital punishment. Since a heavy beating is already considered a death penalty, officials in various departments are no longer required to request permission for such executions. The imperial decree approved this.
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原夫先王之制刑也，本於愛人求理，非徒害人作威。往古朴淳，事簡刑省。唐、虞及於三代刑制，其略可知。令王則輕，虐后遂重。於善也，則云「罰不及嗣」；其不善也，乃云「罪人以族」。斯則前賢臧否之辨歟？秦法苛峻，天下潰叛。漢祖蠲除，約定三章，大辟之罪猶誅三族。孝文雖罷肉刑，新垣亦罹斯酷。其後顏異陷反唇棄市，楊惲坐諷議腰斬。洎乎曹、馬經綸之際，忤者三族皆夷。後魏有門房之誅。歷代蓋治時少，罕遇輕刑；亂時久，多遭刑重。國家子育萬姓，輕簡刑章，徵之前代，未有其比。所以幽陵之盜西軼，犬戎之寇東侵，京師傾陷，皇輿巡狩，億兆戮力，大憝旋殲。自海內興戎，今以累紀，征繕未減，杼軸屢空，蒸庶無離怨心者，寔由刑輕之故。或曰：「荀卿有言，代治則刑重，代亂則刑輕。欲求于治，必用重典。」斯乃一端偏見，諒非適時通論也。夫刑之輕重利害，已粗言之矣。夫「刑者，成也。一成而不可變，故君子盡心焉」。謂之「君子」，則曰賢人；欲求賢人，固不易得。矧天下數百千郡縣，豈得眾多君子乎？佑以為條章嚴繁，雖決斷必中，似不及條章輕簡，而決斷時漏。故老氏云：「其政悶悶，其人淳淳；其政察察，其人缺缺。」又語曰：「寧失不經。」仁惻之旨也。 |
| | Originally, the ancient kings established punishments out of a desire to care for people and seek justice; it was not merely to harm others or display authority. In ancient times, when society was simple and sincere, matters were few and punishments were minimal. The penal systems of Tang, Yu, and the Three Dynasties can be generally understood. Under benevolent rulers, punishments were lenient; under tyrannical ones, they became severe. For the virtuous, it is said that "punishments should not extend to descendants"; for the wicked, however, it was stated that "the punishment of a criminal extends to their clan." Is this not the distinction between virtue and vice made by previous sages? The Qin legal system was harsh and severe, leading to the collapse and rebellion of the people. Emperor Gaozu of Han abolished these harsh laws, establishing only three simple edicts; yet even for the most serious capital crimes, punishment still extended to three generations. Emperor Xiaowen abolished corporal punishments, yet Xin Yuan also suffered such cruelty. Later, Yan Yi was falsely accused of treason and executed in public, while Yang Yun was beheaded for speaking out critically. During the time when Cao and Ma were in power, those who opposed them had their entire clans exterminated. Later Wei implemented punishments that extended to one's family lineage. Throughout history, times of good governance have been rare, and lenient punishments were seldom encountered; times of disorder lasted long, and people often suffered severe punishment. The state nurtures all its subjects as a parent would children, keeping punishments light and legal codes simple. Looking back at previous dynasties, there has been no precedent for such leniency. Therefore, although bandits from Yuling in the west and Rong raiders from the east invaded, causing the capital to fall and the imperial court to move temporarily, the people united their efforts, and soon the great villains were completely eradicated. Since the outbreak of war within the empire, now spanning many years, military campaigns and preparations have not diminished, and the people's resources have been repeatedly exhausted. Yet the common folk remain without resentment or complaints—this is truly due to the leniency of punishments. Some say: "Xunzi once said, when a dynasty is well governed, punishments are severe; when it falls into disorder, punishments become lenient. To achieve good governance, one must employ severe legal measures." This is a narrow and biased view; it cannot be considered an appropriate or universally applicable principle for the times. The advantages and disadvantages of lenient versus severe punishments have already been briefly discussed. "Punishment, or xing, means to complete [a matter]. Once completed, it cannot be changed; therefore, the gentleman dedicates his utmost care and attention." To call someone a "gentleman" is to refer to him as a virtuous person; to seek out such virtuous individuals, it must be said, is not easily achieved. Moreover, with hundreds of thousands of commanderies and counties across the empire, how could there possibly be so many gentlemen? You believes that even if legal codes are strict and detailed, and judgments are always accurate, it still seems inferior to having simple and lenient laws, where occasional errors in judgment may occur. Hence Laozi said: "When governance is obscure and unobtrusive, the people remain simple and sincere; "When governance is overly meticulous and clear, the people become lacking in virtue." Another saying goes: "Better to err on the side of leniency." This is the principle of benevolence and compassion.
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