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Exceptional Circumstances

Summary:

Sakura Uchiha — Haruno again now, probably — had killed Sasuke, her husband. And now, she too, would probably be killed.

Parricide was one of the offenses that could either get you imprisoned for life or executed, depending on the circumstances. Unfortunately, Sasuke was from a clan with a formidable kekkei genkai, thus his killing is deemed as a capital offense. Haruno would be executed for sure.

Except she wasn’t.

Notes:

This is a fic brought about by my frustration over a particular criminal law provision in my country -- a way for me to somehow make it known to others that there's a ridiculous provision like this somewhere in the world.

This fic will have dark overtones, and a bit of seriousness. Definitely don't read if you're not in a good place -- mental-health-wise. But it will also tackle recovery and healing later on. I wanted to try my hand at writing a story like this. I've been reading a lot of hurt/comfort fics lately and I just wanted to try it out.

(See the end of the work for more notes.)

Chapter 1: Tokubetsuna Jijō

Chapter Text

It was quite the scandal when news broke out as to what Sakura Uchiha had done. Shikamaru himself hadn’t believed it at first, but when he was called into the Hokage Office to discuss strategies as to how to go about the Uchiha’s prosecution, he had no choice but to believe what the people had been whispering about since that morning. 

 

Sakura Uchiha — Haruno again now, probably — had killed Sasuke, her husband. And now, she too, would probably be killed. 

 

Parricide was one of the offenses that could either get you imprisoned for life or executed, depending on the circumstances. Unfortunately, Sasuke was from a clan with a formidable kekkei genkai, thus his killing is deemed as a capital offense. Haruno would be executed for sure. 

 

Except she wasn’t.  

 

Shikamaru had always thought that Konoha’s laws were ridiculous. Those revolving around the clans, most especially. He thought the village had given too much power and privileges to the clans. The whole system was a tad bit too arbitrary. 

 

But he didn’t think it was this bad. 

 

Shikamaru hadn’t been advisor to the Hokage and the Council for that long but he was certain he had read up on all of Konoha’s laws during his first year. He wanted to be properly equipped when he laid down strategies and gave his opinions when prompted. He did not want to be caught off guard. He did not want to find himself in a situation where he would have to think of a new strategy from scratch because of a variable that he had not foreseen. 

 

He did not want to be in the situation he had found himself in now. 

 

When Itachi Uchiha invoked a defense that no one but the Council elders have ever heard of, Shikamaru was, to say the least, baffled. 

 

He hadn’t been surprised when Itachi was the one representing Haruno during her trial (if you could even call it that. It was obviously just a ruse — a show to hide the fact that they weren’t just going to kill Haruno off the bat). Shinobi laws didn’t grant those to be prosecuted a right to be represented by counsel. It was enough for them to defend themselves or to be defended by someone who was sufficient in age and discretion, with a reputation good enough to vouch for others. 

 

In the shinobi world, that meant shinobi aged seventeen and above who have been serving the village with loyalty. In the shinobi world, that meant any member of any of the clans, even a mere genin of sufficient age. Shikamaru knew that the fact that the one representing Haruno was Itachi was another part of the ruse. A way to say Haruno had ‘competent representation.’ Shikamaru was sure it was all just part of the ruse, so why is Itachi Uchiha actually defending her? She killed his otouto! 

 

“Itachi-san, are you sure you’d like to invoke tokubetsuna jijō?”

 

“Yes, Homura-sama.”

 

The elders whispered among themselves. Shikamaru observed that even Kakashi, the Rokudaime, had furrowed his brows in confusion as to what tokubetsuna jijō entailed. 

 

They really had to codify the Konoha laws soon. It just wouldn’t do for them to be at a lost like this again.

 

“Itachi-san, if it is, as you claim, a situation of tokubetsuna jijō, you do know that Sakura Haruno will only be penalized with hedatari?”

 

The cogs in Shikamaru’s brain started to turn faster. Hedatari? Isn’t that basically just a restraining order?

 

“Yes, Homura-sama.”

 

The elders looked at one another again.

 

“Are you certain, Itachi-san? She killed your brother.”

 

Shikamaru almost winced at Danzo Shimura’s bluntness, but his features remained impassive, not revealing his inner thoughts.

 

“It is the right thing to do, Danzo-sama.” Itachi evenly answered, face showing very little emotion. Tone relaying nothing but indifference.

 

“Very well, if it is proven that Sasuke Uchiha had been caught in the act of having sexual intercourse with another woman not his wife and such act had been the cause for his killing by his own spouse, then Sakura Uchiha, now Haruno once more, shall only be sentenced with hedatari. She is not to set foot within 25km of the Uchiha compound.” 

 

Itachi nodded, and Shikamaru watched as Kakashi’s brows furrowed further. Like him, it seems this was also the first time Kakashi had ever heard of such a rule. 

 

“Investigation will begin as soon as we all leave this room. Her sentence will be promulgated in three days. Dismissed.”

 

And with that, they all shuffled out of the makeshift court room. 

 

“Hokage-sama, do you—“

 

“No.”

 

“Do you want me to—“

 

“Yes, Shikamaru. Please do.”

 

Shikamaru nodded, dead set on finding out just where the heck that obscure defense came from and why no one apart from the elders and the Uchiha clan, apparently, knew that such a defense actually existed?

 

It wasn’t like he wanted Haruno executed. He hadn’t known Haruno very well, only vaguely remembering her as the girl Ino hung around with in their pre-academy days. He only remembers her as his tiny pink-haired savior back then. Ino didn’t bother him as much after she and the ’super cute girl with the silkiest, sweetest hair she had ever seen’ became friends. Ever since the two girls became inseparable, nobody came barging in the Nara compound demanding that they go play, or pick out flowers, or that ‘he allow her to brush and braid his hair because keeping it tied up will make his hair look disgusting. 

 

But then a couple of months after entering academy, the two girls had a falling out and Sakura turned from being his savior to the bane of his existence. It was not until later that Shikamaru found out why the two girls became enemies. And he couldn’t help but scoff at how shallow they were being. 

 

Girls were troublesome. But that doesn’t mean he wanted them executed. That doesn’t mean he wanted Haruno dead.

 

He was even more sure that the Rokudaime Hokage didn’t want Haruno executed as well. She was his student after all. But then again, so was Sasuke. 

 

Kakashi was a man who guarded his emotions well, but even Shikamaru could imagine the conflicting thoughts Kakashi must be having right then. 

 

Will he mourn for the student he lost? The student who, as known by most of Konoha, was his favorite among the three? Or will he stand by Sakura’s side? Fight for her right to live? Because while he couldn’t do anything about the one student that’s already dead, he could still stop the other one from getting killed. 

 

What must he be thinking now, knowing that a student of his was killed by his other student? 

 

Shikamaru shook his head, willing himself to rid it with troublesome thoughts. Wondering about what other people may be feeling during this situation wouldn’t help the situation. It wouldn’t bring him answers.

 

What he could and should do is find the source of the defense Itachi invoked and figure out if they really can save Haruno without any catch. 

 

 

Notes:

I'm not Japanese and I don't know any japanese outside of the simple words and phrases I've picked up from anime and fics. I simply used google translate to translate 'exceptional circumstances' [tokubetsuna jijō] and 'distance' [hedatari] to serve as the shinobi law jargon.

In my country, legally married spouses can kill their spouse AND their paramour if they catch them having sex. The only penalty they'll get is basically a restraining order. I know, how ridiculous, right? But it's there. It really exists. It's harder to invoke in real life since there are a lot of elements you have to prove but the fact that it exists is still appalling for me. The death penalty has been outlawed in our country but we have a provision like this in our criminal law still active. How archaic, right?

Anywaaaaaay, if you've read my two earlier stories, and read my notes, you'd know that I'm reviewing for a big exam. It's actually the bar exam. Hence, this big law-centric-fic that came out of nowhere. I'm not sure if anyone would want to read this, but I've been wanting to write about this provision for ages and it's been nagging me today so here it is!

Do leave your thoughts if you have any. But please be kind. I don't think I can handle hate at the moment.

Well, stay safe, everyone!