On February 669, King Munmu of Silla issued a decree of amnesty in order to grant all criminals a pardon including those who were sentenced to death on a charge of five treasonous crimes. Existing researches on the relevant topics explained that the term ‘five treasonous crimes’ mentioned in the king’s decree was an evidence of Silla’s appropriation of Chinese legal term ‘Ten Evils’, used during the Tang period. However, the fact that the term ‘five treasonous crimes’ was also used during the Tang and Five Dynasties period suggests the needs of reconsideration on the existing accounts of the meaning of the term.
When the term was used in decrees of amnesty issued during the Tang and Five Dynasties period, it was to exclude certain criminals such as the offender of five treasonous crimes from the pardon. But King Munmu’s decree of amnesty was meant to pardon all criminals including offenders of five treasonous crimes. Thus, the term should be re-examined from a different point of view.
According to the existing studies on the decrees of amnesty issued during the Tang period, the meanings of relevant terms such as ‘ten evils and five treasonous crimes’, ‘ten evils’, and ’five treason-ous crimes’ were all used in the same sense. And the amnesty for all criminals including offenders of ten evils was frequently conducted, as well. Therefore, it is possible to elucidate that the King Munmu’s amnesty order was written with reference to the similar cases from the Tang period and the legal terms used in the order were also originated from the relevant examples of China.
From the information gathered above, it is possible to conclude that the term ‘five treasonous crimes’ was rather an evidence of the adoption of the Tang Code in Silla, than the evidence of Silla’s appropriation.