was already at a disadvantage in the trial, but Xu Ling was still not discouraged, and expressed her arguments in righteous words: "The presiding judge, judges, people's assessors, and the prosecution's argument opinions are as follows:

1. The defendant is guilty of intentional homicide. The existing evidence forms a chain of evidence, which fully proves that the defendant Yao Lianhua killed Ye Tianlong. During the investigation stage, the defendant also confessed to the fact that he killed Ye Tianlong, so the defendant Yao Lianhua committed the crime of intentional homicide, and the evidence was conclusive and the charge was confirmed.

2. The defendant shall be sentenced to life imprisonment.

The defense lawyer always insisted that the deceased Ye Tianlongcun was at fault and that Yao Lianhua's punishment should be mitigated. As a public prosecutor, we believe that the background of domestic violence is one of the factors in the defendant's intentional homicide, and it is also one of the factors that can be considered for the defendant Yao Lianhua's mitigating or mitigating punishment.

However, on the other hand, we must also give due respect to the life of the victim Ye Tianlong, Yao Lianhua frantically smashed Ye Tianlong's head more than a dozen times with an iron frame, and led Ye Tianlong to death from skull trauma and shock, this method of killing is inherently cruel.

After the defendant Yao Lianhua stoned Ye Tianlong to death, she did not stop, and intensified her brutal cutting with a rotten beer bottle, almost cutting off the head of the deceased Ye Tianlong.

Yao Lianhua's excessive harm is a fact, and on this basis, we should rationally analyze whether the defendant's criminal methods are cruel, and comprehensively consider the magnitude of his subjective malice and social danger.

Judging from the existing facts of the case, the defendant Yao Lianhua killed people out of anger out of revenge for long-term victimization, and in the process of killing, he extremely cruelly smashed the deceased Ye Tianlong's head with an iron frame more than a dozen times, and then frantically cut him, the means were extremely cruel, the subjective malice was great, and the social danger was extremely strong.

In accordance with the provisions of the first paragraph of Criminal Law article 232, whoever intentionally kills a person is to be sentenced to death, life imprisonment, or fixed-term imprisonment of not less than 10 years. As the public prosecutor, we sentenced the defendant Yao Lianhua to life imprisonment. The sentence of life imprisonment is reasonable and legal, and I ask the court to support it!

3. Taking 10,000 steps back, even if the court does not support the imposition of life imprisonment, the defendant should be sentenced to more than 10 years imprisonment after taking into account the means of homicide and subjective malice.

Although the experience of the defendant Yao Lianhua is sympathetic, as a legal person, we should remain rational in the trial and maintain sufficient respect and faith in the law. ”

Xu Ling's arguments focused on Yao Lianhua's anger and cruelty, and asked the court to sentence her to life imprisonment. Under the current unfavorable situation, it is rare for Xu Ling to be able to debate this Cheng dù.

However, that's all, Li Chao couldn't wait to refute her.

"The defendant makes a statement."

As the presiding judge spoke, Li Chao immediately expressed his argument opinions with passion: "Respected presiding judge, judges, and people's assessors, I, as the defense lawyer of the defendant Yao Lianhua, express my argument opinions as follows:

1. The deceased Ye Tianlong was seriously at fault for the occurrence of the case, and should bear important responsibility for his own killing.

Defendant Yao Lianhua began to live with Ye Tianlong at the age of 16 and registered her marriage with Ye Tianlong at the age of 20, but the defendant suffered domestic violence from Ye Tianlong at the age of 18, Ye Tianlong was extremely brutal and even chased and killed the defendant with a knife, and the defendant was severely beaten three or four times almost every day before the crime, and his life was in danger. For more than 10 years, the defendant Yao Lianhua silently endured Ye Tianlong's violence, and was severely traumatized physically and mentally, and could no longer bear it before the case.

Moreover, Ye Tianlong has maintained improper relationships with Lan Yuer of the opposite sex since 2007, and has had illegal sexual relations, and even brought Lan Yuer to his home many times, and the two shamelessly fornicated in front of the defendant, which is marital derailment and violates the corresponding provisions of the Marriage Law.

In order to achieve the goal of staying with Lan Yuer, on the day of the incident, Ye Tianlong used violent beatings to drive the defendant Yao Lianhua away, forcing Yao Lianhua to give up the joint property of the husband and wife, raise the two children alone, and divorce her. Yao Lianhua did not comply, Ye Tianlong immediately beat her to serious injury, and threatened to kill her directly in the afternoon. The defendant killed Ye Tianlong out of anger and extreme fear of being abandoned.

It can be seen from this that the deceased had committed domestic violence for a long time and had extramarital affairs for many years, and he was seriously at fault and bore unshirkable responsibility for the occurrence of this case.

2. Defendant Yao Lianhua had a last resort in killing people, and the motive for the killing was to get rid of domestic violence and protect himself, and it was not at all revenge for venting his anger as stated by the prosecutor.

In the course of more than 10 years of domestic violence, although the defendant tried to leave Ye Tianlong, because his family, friends and even grassroots organizations around him downplayed domestic violence into family disputes and emotional disputes and did not intervene, the defendant was never able to escape. Ye Tianlong's violent behavior has intensified because it has not been effectively stopped.

The accused were forced to commit murder when they were unable to effectively stop the violence on their own and without access to effective social and legal assistance.

According to Liu Yan, who is anti-domestic violence, when a fatal threat is issued, a woman who has been abused for a long time will infinitely magnify the authority and ability of the abuser out of fear, and mistakenly believe that the abuser is omnipotent. Therefore, when Ye Tianlong issued a death threat, the defendant Yao Lianhua would believe that Ye Tianlong said that he would do it, and if he did not resist, he would not escape death.

The defendant killed Ye Tianlong out of great fear out of violence and self-preservation, and he had his own grievances and should be considered. The prosecutor's claim that the defendant killed the person was to vent his anger and revenge is pure nonsense.

3. The punishment of the defendant Yao Lianhua should be commuted. Here's why:

First of all, the defendant Yao Lianhua had the circumstance of voluntary surrender. Where the defendant entrusts himself to surrender to the public security organs as soon as the case is discovered, the punishment shall be commuted in accordance with the provisions of the Criminal Law on voluntary surrender.

Secondly, the family of the deceased Ye Tianlong forgave the defendant Yao Lianhua. In accordance with the provisions of the "Supreme People's Court's Sentencing Guiding Opinions", where the forgiveness of the victim or his family is obtained, the base sentence may be reduced by up to 20 based on comprehensive consideration of circumstances such as the nature of the crime, the severity of the crime, the reasons for forgiveness, and the process of admitting guilt and repentance.

Thirdly, the circumstances of the defendant Yao Lianhua are relatively minor, and the subjective malice and social danger are small. The prosecutor insisted that the defendant's criminal methods were cruel, the circumstances were heinous, and the subjective malice and social danger were great, but Liu Yan, an anti-domestic violence expert, testified in court and clearly judged that the defendant's excessive harm was a typical feature of this type of case, which was in line with general rules.

At the same time, the expert also directly explained that the defendant committed excessive harm because the defendant was in a state of extreme fear, and based on his long-term experience of violence, he believed that if he could not kill the abuser, the abuser would kill him.

Finally, Liu Yan, an expert in domestic violence research, concluded that the defendant Yao Lianhua's circumstances were relatively minor, and her subjective malice and social danger were small. We kindly ask the court to take into account the opinions of experts in conviction and sentencing! ”

"To sum up, the deceased Ye Tianlong was guilty of committing domestic violence and extramarital affairs, and the defendant killed Ye Tianlong in extreme fear out of getting rid of domestic violence and self-protection, and was convicted of intentional homicide, but the circumstances were relatively minor, the subjective malice and social danger were small, and he turned himself in as soon as the case occurred, and obtained the forgiveness of the deceased's family, and the punishment should be reduced.

In accordance with the provisions of paragraph 2 of article 232 of the Criminal Law of the People's Republic of China, where the circumstances of intentional homicide are relatively minor, the sentence is between three and ten years imprisonment. Considering the deceased Ye Tianlong's own fault and responsibility, and the subjective viciousness and social danger of the defendant Yao Lianhua, it is appropriate for us to sentence the defendant Yao Lianhua to three years imprisonment!

Ask the court to support our point of view! ”

Li Chao analyzed in detail why Yao Lianhua's punishment should be reduced and why he was sentenced to three years in prison.

Yao Lianhua was in tears when she heard this, she was worried that she would be sentenced to life imprisonment, no matter how bad it was, she would be sentenced to at least ten years, and when she came out of prison, the children would have grown up as human beings, and she would have no chance to take care of the children's growth at all.

Unexpectedly, Li Chao directly proposed a three-year prison sentence, and his views were clear, the arguments were sufficient, and Yao Lianhua's heart was moved, if it was really only three years, it would be great! This means that she will soon be able to be reunited with her children.

Yao Lianhua's family was also excited when they heard Li Chao's contagious debate, and they really hoped that the hard-working Yao Lianhua would suffer less imprisonment and be released as soon as possible.

Everyone in attendance nodded their heads in convincing. Li Chao is right, such a poor person kills people in order to resist her violent husband, which is understandable and acceptable to the general public. In their naïve notion of right and wrong, it is also appropriate to sentence Yao Lianhua to three years in prison.

Shanruo cried bitterly when Yao Lianhua described her experience of domestic violence before, but now her voice was a little more rear, and she gently touched the back of Li Chao's hand with her elbow, and praised in a low and hoarse voice: "Li Chao, you debated so well!" ”

Li Chao smiled and whispered: "We have prepared these arguments together, and you also have your credit!" ”

While the two had a sweet exchange, the trial continued. Presiding Judge Meng Qingge looked at Yao Lianhua and asked, "Does Yao Lianhua herself have any arguments to express?" ”

Yao Lianhua replied excitedly: "That's what lawyer Li Chao said." ”

The presiding judge then asked: "Do the two sides have any new arguments?" ”

Xu Ling thought for a moment, the facts of this case are indeed Ye Tianlongcun's fault, and the defendant Yao Lianhua's experience is really sympathetic, Xu Ling didn't want to be entangled, so she simply shook her head neatly and replied, "No." ”

Since Xu Ling didn't want to dwell on the details anymore, Li Chao simply replied no.

The presiding judge then straightened up and said majestically: "There are no new arguments between the two sides, and this is the end of the courtroom debate." According to Article 193 of the Chinese Criminal Procedure Law, the defendant has the right to make a final statement. Defendant Yao Lianhua, what else do you have to make to the court in the end? ”R1152