This question has always hovered in everyone's hearts, and it wasn't until Liu Yan solved everyone's confusion just now, it turned out that under the shadow of long-term domestic violence, Yao Lianhua's methods seemed cruel and actually belonged to normal stress reactions, and there was even an element of self-defense in it.

After listening to Liu Yan's answer, everyone was puzzled, not only did they not feel that Yao Lianhua's hand was cruel, the plot was bad, and the subjective malice was great, but they were very sympathetic to Yao Lianhua's experience.

Shanruo looked at Li Chao with admiration and smiled, Li Chao took the lead in inviting expert witnesses to testify in court in the country, and achieved good results!

Shanruo had been worried that she would not be able to show Yao Lianhua's inner thoughts, so that she would not be able to wash away the stain of Yao Lianhua's cruel methods of killing her husband, but she did not expect to invite expert witnesses to testify in court.

Li Chao also had a smile on his face, and the testimony of expert witnesses completely defeated the prosecution's accusations of cruel methods, heinous circumstances, and subjective malice, and the balance of victory was tilted in their favor.

Li Chao couldn't help but raise his eyebrows, and secretly cheered, "Work harder, let the court adopt Yao Lianhua's view that the circumstances are less serious, reduce the punishment of Yao Lianhua, and preferably sentence him to three years in prison!" ”

And Xu Ling's pretty face turned from solemn to sighing, "This time the public prosecution and sentencing will fail, the defense asked expert witnesses to speak and completely overturned the aggravated accusations, and it is impossible for the court to make a ruling on Yao Lianhua to punish her heavily." ”

"The only feasible way now is to try to convince the court to sentence Yao Lianhua to a longer sentence, preferably more than ten years!"

At this moment, Li Chao and Xu Ling didn't know that their thoughts were completely opposite to each other.

The members of the collegial panel were also open in their hearts, and finally found out the facts of the case, and all the problems that had plagued them before were resolved, which helped them make a fair ruling. Thinking of this, presiding judge Meng Qingge was particularly excited, this is the first in the country to try out the system of expert witnesses appearing in court to testify, and the facts have proved that this method is effective in the investigation of matters.

Because of this bold attempt, the collegial panel can continue to make fair judgments, and it can be expected that it will definitely gain a large number of honors and affirmations. At that time, it was too wise to allow Li Chao and them to apply for anti-domestic violence expert witnesses to testify in court!

It is advisable to chase after the poor man with the remaining bravery, Li Chao struck while the iron was hot, and asked the last key question: "Does the defendant Yao Lianhua's excessive harm show that he is a great danger to society?" ”

This is the last critical question, and judging from the previous answers of the experts, everyone can already deduce the corresponding answer.

Sure enough, Liu Yan shook her head and denied: "In this case, although Yao Lianhua killed the perpetrator, it does not mean that he is a great danger to society. ”

"Generally speaking, when a vicious case occurs, the domestic violence has developed to a very strong intensity and a very short period, for example, domestic violence may start once every six months or three months, and by the time a vicious case occurs, the frequency of occurrence may have reached several times a week, and each time it is beaten to death.

The victim of violence rises up to resist when he can no longer bear it, and commits the act of killing, the target of the act is the perpetrator, and his motive is basically out of self-preservation, so his social danger and subjective malice are less than those of other intentional homicide crimes.

The same is true of Yao Lianhua in this case, Ye Tianlong beat her violently, and threatened to kill her directly in the afternoon, Yao Lianhua killed Ye Tianlong out of self-preservation in extreme fear, and it can be said that his social danger and subjective malice are not great. ”

Moreover, my research on criminal cases caused by marital violence has found that it is common for these defendants to be beaten and threatened in their marital and romantic relationships with victims, and to counter violence with violence is the first and last time in their lives.

Their acts of victimization are usually only directed at victims who have been violent against them for a long time, and after the victims disappear, the defendants will not be dangerous to others around them. ”

It is precisely for these reasons that the assessment of the social dangerousness and subjective malice of the crime of intentional homicide committed by the victim against the perpetrator should be different from that of the ordinary crime of intentional homicide. In this case, Yao Lianhua's social danger and subjective malice were relatively small. ”

closed the coffin again and forcefully defended Yao Lianhua, which made Yao Lianhua and his family see the dawn of hope.

Completely achieving the expected goal, Li Chao nodded excitedly and said to the presiding judge: "Presiding judge, our question is finished!" ”

Presiding Judge Meng Qingge said loudly: "Now the prosecutor will question the witnesses. ”

It's his turn, although the situation has been dramatically reversed, and the accusation of Yao Lianhua's cruel methods and heinous circumstances has been overturned. However, as a public prosecutor, he must properly perform his prosecution function, and Yao Lianhua must be brought to justice for violating the law.

Xu Ling tried her best to cheer herself up in her heart, kept calm, calmly looked at the expert witness Liu Yan, and asked sharply: "Before, the defendant Yao Lianhua also deeply repented when he made a statement, saying that he was still in love with the deceased Ye Tianlong, why did Yao Lianhua brutally kill Ye Tianlong while saying that he was in love?" Loving Ye Tianlong and killing Ye Tianlong, is this contradictory, and can this contradiction show that Yao Lianhua is duplicitous and actually wants to kill Ye Tianlong? ”

This question is quite acute, and when Xu Ling reminded her like this, everyone also remembered that when she was replying, the defendant Yao Lianhua was still defending Ye Tianlong's long-term violence and wanting to abandon her, believing that it was all the fault of a third party. She also has a ridiculous logic: Ye Tianlong has her in her heart, because if she didn't have her in her heart, she would have been beaten to death a long time ago.

Since Yao Lianhua still loves Ye Tianlong, how could she kill Ye Tianlong? This is indeed a contradiction. But everyone sees that Yao Lianhua is obviously a simple rural woman, and it is impossible to be the kind of person who has a sweet mouth and a sword, and is scheming. What is the solution to this contradiction?

Everyone looked at Liu Yan expectantly again, Liu Yan was not stage frightened, and replied in a loud voice: "Projectively agreeing with the abuser's criticism and accusations and the excessive harm of the abuser seem to be contradictory, but they are both behavioral characteristics of the victim of domestic violence.

Because the society as a whole does not have a sufficient understanding of domestic violence, and the channels for redress for victims of domestic violence are not smooth, it is generally difficult for victims of domestic violence to get out of domestic violence. In this case, the victim has to buy and continue to endure, either commit suicide or rise up to resist.

Once the victim begins to resist, the goal is to kill the victim, because they know that if the perpetrator still has a chance to recover, the next thing that awaits them will be a more severe retaliatory punishment. In order to ensure that the perpetrator is killed, the victim will engage in excessive harm in the process of killing the perpetrator with violence.

But this does not prove that their subjective malice and social danger are greater than other crimes, because they only target specific people. ”

"Therefore, Yao Lianhua said that she loved Ye Tianlong on the one hand, and on the other hand, she couldn't stand Ye Tianlong's domestic violence and killed him, the two are not contradictory, this is the psychological dislocation of the victim in the shadow of long-term domestic violence!"

Liu Yan's explanation was reasonable, everyone nodded convincingly, and another doubt was resolved. Many of them felt that today's trial was so exciting, and many of them felt that it was the first time they had heard such a professional and detailed knowledge about domestic violence, and they felt that it was worth the trip.

Yao Lianhua's dead face improved a little, and she seemed to see the dawn of winning the lawsuit. Yao Lianhua's family was also rejoicing, and the expert witnesses testified in court to give Yao Lianhua strong support.

Such a difficult question was easily explained by Liu Yan, and Xu Ling felt a sense of powerlessness in her heart, and at the same time, a little relief rose.

It is gratifying that it seems that Yao Lianhua was really affected by domestic violence, and killed people in anger, and her behavior conformed to the general law of the victim, and the circumstances were not bad. Xu Ling also sympathized with Yao Lianhua, but because of her position, she had to complain.

Although the accusation is not smooth, he is faintly happy in his heart for Yao Lianhua to wash away the stain.

Since everything Liu Yan said was true and impeccable, Xu Ling didn't want to entangle herself with buttoning Yao Lianhua's head again, so Xu Ling simply said to the presiding judge: "Presiding judge, I'm done asking questions!" ”

Presiding Judge Meng Qingge said to Liu Yan: "This court asks the witnesses a few questions, and asks the witnesses to answer truthfully. Liu Yan nodded yes.

Judge Yuan Roufa asked, "Witness, what is your current title?" Which body is assessed? ”

This is the collegial panel's second verification of Liu Yan's identity as an expert in order to judge whether her opinions are professional and authoritative.

Liu Yan proudly replied: "I was assessed as a senior anti-domestic violence expert in 2014, and this title was assessed by the human resources department of Zhongyang. ”

People's Assessor Yan 13 asked: "Witness, in intentional homicide cases, what is the difference between ordinary marital and family disputes and long-term domestic violence?" ”

Liu Yan stroked the scarf on her chest and replied loudly: "These two types of intentional homicide cases can be distinguished from multiple angles, from the perspective of the motive for the crime, whether the defendant's inner cause for killing the victim is to stop and get rid of the victim's long-term violence, and if so, it is a homicide case involving domestic violence."

Judging from the scene in which the homicide occurred, whether it happened in an unbearable situation where there was no other choice, if the answer is yes, it is a homicide involving domestic violence.

In addition, there may be excessive victimization in both types of cases, but the excessive victimization in cases involving domestic violence is related to the extreme fear caused by long-term violence caused by not putting the other party to death and killing oneself, while the defendant in ordinary marital homicide cases does not have such extreme fear. ”

After Liu Yan finished answering, the members of the collegial panel exchanged views with each other, and then the presiding judge, Meng Qingge, said majestically: "Expert witness Liu Yan finally stated your witness testimony. ”

Everyone's eyes were focused on Liu Yan's body, looking forward to her final summary of witness testimony. R1152