Li Chao and Shanruo walked out of the procuratorate in a comfortable mood, and as soon as he walked out of the door of the procuratorate, Shanruo couldn't wait to say to Li Chao: "Great, the evidence that should be collected, we either collect it, or the Public Security Bureau is collecting it." Now wait for the evidence that proves that Yao Lianhua's murderous methods are not cruel! ”

"Let's hurry up and verify this evidence, if it really has probative effect, then there is a great possibility of winning this lawsuit!"

After some twists and turns, the application to the Public Security Bureau to collect evidence was finally successful, which made Li Chao quite happy.

Faced with the last difficulty, Li Chao was full of fighting spirit, and immediately replied loudly: "Okay, set off immediately, collect the last key evidence, and strive for a fair and just judgment result for Yao Lianhua!" ”

The two drove back to the firm. As soon as he entered the office, Shanruo helped Li Chao log in to the Superman Lawyer Gang, and eagerly turned around and urged: "Li Chao, I see that she is online, you should contact her quickly and consult professional advice." ”

Li Chao immediately called someone on the platform, crackling, after a quick exchange, Li Chao turned around, showed a big smile at Shanruo, and raised his index finger and middle finger at the same time to make a V-shaped gesture in the air, and said loudly with joy: "It's done, the evidence is in hand!" ”

Shanruo had heartfelt joy on his face, and he immediately leaned down, leaned over his little head to Li Chao, and wanted to see the content on the platform, and said excitedly: "Let me see, let me see ......"

Shanruo quickly browsed the information exchanged by Li Chao, and after reading it, she also raised her pink fist excitedly and cheered loudly: "Li Chao, you are amazing, I didn't expect that you could really help Yao Lianhua prove that she was not intentionally cruel and excessively harmful!" ”

Li Chao smiled slightly and said modestly: "This is not my credit, I can only say that Yao Lianhua is a typical victim of domestic violence, and her thoughts and actions will conform to the coping model of domestic violence, so science has a judgment on this, and professional judgment has probative effect!" ”

Shanruo held Li Chao's hand affectionately and exclaimed: "Well, there are specialists in the art industry, and it is professional researchers who know more about domestic violence, so that they can accurately grasp the psychology of the parties." ”

After listening to Shanruo's words, Li Chao nodded and said with deep feelings: "Yes, the society does not know enough about domestic violence, let alone the general public, and even the investigation agency that handles the case almost ignores the key point of domestic violence?" ”

Shanruo also tapped his chin, leaned his little head on Li Chao's shoulder obediently, and said leisurely: "There is still a long way to go to publicize the knowledge of domestic violence and prevent and stop domestic violence!" ”

"However, I think Section Chief Zhang is right, Yao Lianhua's murder case will definitely attract a lot of attention because of its novelty and vigor. We can handle this case well and remind the world of the dangers of domestic violence. ”

Li Chao pinched the tip of his nose fondly, and agreed with a smile: "Well, this case will bring people a double impact of reason and emotion, and it will be focused and attention, which is a natural thing." ”

"But I think this case is not just a topic of public discussion, it should play a greater role in promoting the judiciary to improve the channels for domestic violence relief, and improve the corresponding system for the protection of victims of domestic violence and the punishment of perpetrators!"

Shanruo looked up at Li Chao with admiration, and exclaimed: "Li Chao, you think so far." However, we don't have a strong influence yet, and we are not legal experts yet, and although we have such good ideas, others may not necessarily listen. ”

Shanruo made it clear that it was difficult, but Li Chao responded optimistically: Actually, we don't have to be too pessimistic, I think this case will attract the attention of the media, and we, as defense lawyers, will definitely be able to express our own views.

Shanruo suddenly had an inspiration when he heard this, raised his eyebrows, shook Li Chao's arm excitedly, and said happily: "By the way, isn't the district public opinion congress held the day after tomorrow?" You just used this case to put forward a proposal on domestic violence, which is a good platform to participate in politics and call for a sound legal system! ”

Li Chao laughed heartily when he heard this, glanced at Shanruo appreciatively, and quipped: "Okay, Shanruo and I really have a heart, and we even have the same thoughts." ”

"Yes, I am about to put forward an opinion on handling a domestic violence case as the first proposal in my life!"

Li Chao's words were full of confidence and pride, and Shanruo was deeply affected by it, and encouraged him energetically: "Good idea, your proposal is absolutely necessary, and it is novel enough, it will definitely cause a good response, and no matter how bad it is, it can affect the relevant rescue and prevention policies of the security area for domestic violence!" ”

Shanruo was very optimistic about the prospects of this proposal, Li Chao smiled and stroked the hair in front of Shanruo's forehead, and said happily: "Then I will borrow your auspicious words, I hope this proposal can have a certain effect!" ”

The more Shanruo thought about it, the more excited he became, he couldn't stay any longer, he broke free from Li Chao's arms, and asked excitedly: "Li Chao, there is only a little more than a day before the district public opinion congress is held, are you ready for this proposal?" ”

Li Chao smiled and nodded, "I have already prepared a draft, and I will hurry up and revise it today and tomorrow." ”

Shanruo immediately said energetically: "Time is running out, the meeting is about to start, and it is better to complete the bill as soon as possible." Acting for Yao Lianhua's murder case, I just have some thoughts on domestic violence, let's improve the proposal for handling domestic violence cases. ”

If Shanruo took the initiative to help, of course Li Chao couldn't ask for it, and happily responded: "Okay, let's combine our swords and put forward a targeted and time-sensitive proposal together!" ”

As soon as they said they would do it, the two of them passionately devoted themselves to the work of perfecting the proposal.

"Li Chao, I think there should be measures such as declaring a restraining order as a personal protection order to stop domestic violence and prevent its recurrence, and eliminate the actual harm and potential danger of domestic violence, such as the district court, in accordance with the relevant provisions of the Civil Procedure Law and other laws, to make a ruling prohibiting the perpetrator from committing domestic violence again, prohibiting him from approaching the victim, and moving out of the victim's residence."

"Where the perpetrator violates the ruling, such as threatening, intimidating, beating, injuring, or killing the victim, or refusing to move out of the residence without the victim's consent, the people's court may impose a fine or detention on the basis of the severity of the circumstances; where a crime is constituted, criminal responsibility shall be pursued in accordance with law. ”……

"Li Chao, after Yao Lianhua's case, I found that it is necessary to demand timely and comprehensive receipt of evidence."

"Yes, this should be a basic principle, and I have written it into Jianyì." ……

"Wow, Li Chao, you have made a detailed and accurate distinction between the crime of abuse causing serious injury and death and intentional injury, the crime of intentional homicide causing serious injury and death, and the boundary between the crime of abandonment and the crime of intentional homicide. It's so clearly written, and it makes people feel like they're suddenly enlightened. ”

"Yes, these charges are easily confused, and they must be clearly identifiable so that the investigators will not apply the wrong charges." ……

"Li Chao, what you said about fully considering the defense factors and fault responsibility in the case is definitely the key and essence of your opinion. Let's figure out how to write this well! ”

"I'll first search for the relevant provisions of foreign laws on this and see if I can absorb it." ……

Men and women are not tired of working together, and they have been working at the desk for more than six hours unknowingly, and the two of them are busy until eleven o'clock in the evening. As a result of the hard work of the two men, the Opinions on the Handling of Domestic Violence Cases were newly released, which are divided into four parts: basic principles, case acceptance, conviction and punishment, and other measures, which are operational and feasible on how to standardize the handling of domestic violence cases and effectively prevent and stop domestic violence.

The basic principles are mainly timely and effective intervention in accordance with the law.

"In view of the characteristics of domestic violence that continues to occur repeatedly and continues to deteriorate and escalate, district courts, procuratorates, public security bureaus, and judicial bureaus shall take timely and effective measures in accordance with law to properly handle domestic violence that has already been discovered, and cannot ignore it or pass the buck to each other on the grounds that domestic violence occurs between family members or is a family matter."

The case acceptance part focuses on actively reporting cases and filing cases quickly.

"Pay attention to the detection of criminal cases. In the course of handling administrative cases such as personal injury, abuse, and abandonment, and in the course of hearing civil cases such as marriage and family, inheritance, and tort liability disputes, district courts shall pay attention to discovering crimes of domestic violence that may be involved. Once clues on a crime of domestic violence are discovered, the public security organs shall transfer the case to a criminal case for handling, and the district court shall transfer the case to the district public security bureau; Where it is a private prosecution case, the district public security bureau and court shall inform the victim to initiate a private prosecution. ”

Especially in terms of evidence collection, Li Chao specifically proposed timely and comprehensive evidence collection.

"When handling cases of domestic violence, district public security bureaus should fully and comprehensively collect and fix evidence, and in addition to collecting physical evidence, victim statements, witness testimony, and other evidence at the scene, they shall also pay attention to promptly collecting records of handling domestic violence, medical records, photographs, videos, and other evidence involving domestic violence from the staff of village (neighborhood) committees, people's mediation committees, women's federations, Communist Youth Leagues, disabled persons' federations, hospitals, schools, kindergartens, and other units and organizations, as well as the victims' relatives and neighbors."

The section on conviction and punishment distinguishes between the offences of domestic violence.

"Accurately distinguishing between crimes of abuse causing serious injury or death and intentional injury, and intentional homicide crimes causing serious injury or death, should be comprehensively judged on the basis of the defendant's subjective intent, the means and methods of violence committed, and whether the victim's casualties were immediately or directly caused."

Moreover, in this part, Li Chao boldly and innovatively put forward a point of view based on the situation of Yao Lianhua's murder case, that is, to fully consider the defensive factors and fault responsibility in the case.

"Where, after suffering domestic violence for a long period of time, in a state of anger or fear, the defendant intentionally kills or injures the perpetrator in order to prevent further domestic violence, or in order to get rid of domestic violence, and the defendant's conduct has defensive elements, and the perpetrator is clearly at fault or directly responsible for the cause of the case, a lenient punishment may be given as appropriate."

"For those who intentionally kill the perpetrator due to severe physical or mental harm caused by severe domestic violence; or intentionally killing the perpetrator because they cannot endure long-term domestic violence, and the circumstances of the crime are not particularly heinous and the methods are not particularly cruel, it may be found to be intentional homicide as "less serious circumstances" as provided for in Criminal Law article 232. ”

"Where there is truly an expression of repentance and reformation during the period of serving a sentence, the range of commutation may be relaxed in accordance with law, and the starting time and interval of commutation may be shortened on the basis of their family circumstances; Those who meet the requirements for parole shall be released on parole. Where the close relatives of the murdered perpetrator express forgiveness, it shall be fully considered when sentencing, commutation, or parole. ”

If Ye Tianlong's fault and Yao Lianhua's defensive factors are considered according to the point mentioned by Li Chao, then Yao Lianhua will definitely be punished lightly.

The two of them excitedly looked at the finalization of the opinions in their hands, looking forward to the convening of the district public opinion congress!

If you have a hunch, Li Chao's proposal to be both professional, operational and feasible will definitely cause a sensation, because Huaxia still lacks clear regulations on punishment and assistance for domestic violence, and Li Chao's proposal can just make up for this gap!

Shanruo decided to wait and see what kind of storm this proposal would cause?! R1152