Chapter 164: Expert Witnesses
Ye Tianlong's fault is not only domestic violence, Li Chao continued to give evidence in righteous words, "Evidence 4, Ye Tianlong's call notes with Lan Yuer, Wei Xin's chat records and indecent photos, this set of evidence is my application to the public security organ and retrieved from Ye Tianlong's mobile phone, proving that Ye Tianlong committed serious faults, cheated in marriage, had improper relationships with Lan Yuer, and had illegal sexual relations. ”
The explicit and provocative language on the chat record made everyone blush. What's even more shameless is that the two took so many indecent photos, in the park, at home, in the hotel and even in the playground.
Although the sensitive parts were marked with mosaics, Ye Tianlong's parents still shook their heads and lowered their heads in shame and did not want to look at them.
The previous four sets of evidence have solidly and effectively proved that Ye Tianlongcun committed serious crimes such as domestic violence and marital cheating, and he was guilty of serious faults. Everyone expressed their disdain for Ye Tianlong's personality.
The next evidence is to help Yao Lianhua reduce the punishment, Li Chaoyue said that the more passionate, today must help Yao Lianhua to win a lighter sentence and a shorter sentence, and the ultimate goal is to persuade the court to sentence Yao Lianhua to three years in prison!
Li Chao raised the written materials in his hand and said loudly: "Evidence 5, the report record of the public security organ, the content of the record is that Yao Lianhua entrusted me to report the case to the public security organ at about 13:02 noon on the day of the crime. Yao Lianhua's act was a voluntary surrender, and the punishment should be reduced in accordance with law. ”
Picking up another piece of evidence, Li Chao deliberately raised his voice, "Evidence 6, the letter of understanding issued by the parents of the deceased Ye Tianlong, I request that it be read out in court. ”
Presiding Judge Meng Qingge said: "This court allows it. ”
Li Chao immediately began to read aloud, "Yao Rongxiang gave birth to 4 children, who are young and need to be taken care of by their mother.
Although Ye Tianlong is our son, we are also deeply saddened by what our son has done.
Yao Lianhua is our daughter-in-law, but she is filial to her in-laws. Now Yao Lianhua has killed our son, which constitutes a criminal offense. will be punished by law.
Yao Lianhua surrendered after the case, and there is a form of remorse. And out of public heart and forgiveness, because Yao Lianhua has been subjected to violence and mental abuse by my son for a long time, and because Yao Lianhua is responsible for the family, we are still willing to forgive Yao Lianhua.
I request the Shenpeng City Procuratorate, the Shenpeng City Intermediate People's Court and other judicial organs to give Yao Lianhua a lenient and commuted sentence, and do everything possible to make her return to society and become a new person! ”
Li Chao read it aloud with deep affection, and everyone could feel Ye Tianlong's parents' hatred for their son, and their sympathy and forgiveness for their daughter-in-law Yao Lianhua.
Ye Tianlong's parents also nodded excitedly when they heard this. This is what they really meant, they looked at Yao Lianhua's parents who were sitting next to them, and said apologetically: "I'm really sorry, we didn't teach our son well." The two pairs of in-laws burst into tears, and a thousand words turned into a sigh.
"This is a letter of understanding issued by the defendant Yao Lianhua's in-laws and the parents of the victim Ye Tianlong, and the parents of the deceased Ye Tianlong have forgiven Yao Lianhua's behavior, and Yao Lianhua's punishment should be reduced in accordance with the law!"
Li Chao's sonorous and powerful voice lingered in everyone's ears, and everyone who was listening nodded with relief, and even the parents of the deceased forgave Yao Lianhua. That really deserves a light sentence.
Evidence 5 and evidence 6 can only be regarded as general evidence, Li Chao is still holding a big killing weapon in his hand, and the trump card is about to be revealed.
Li Chaoyue said more excitedly, and said excitedly: "Evidence 7 is an expert witness against domestic violence who testified in court. In accordance with Article 192 of the Criminal Procedure Law of the People's Republic of China, we have submitted a written application to the court before the deadline for presenting evidence, and Liu Yan, an expert in domestic violence research and director of the Gender Violence Research Center of the China Women's Federation, to testify in court. Now Director Liu Yan is waiting outside the courtroom and asks the court for permission. ”
Paragraphs 2 and 3 of Article 192 of the Criminal Procedure Law stipulate: "The public prosecutor, the parties, the defender and the agent ad litem may apply to the court to notify a person with specialized knowledge to appear in court and submit opinions on the appraisal opinion made by the evaluator." The Tribunal for the above application. A decision of consent should be made. ”
Paragraphs 1 and 2 of Article 87 of the Supreme People's Court's Interpretation on the Application of the Huaxia Criminal Procedure Law provides: "Where specialized issues in a case need to be evaluated, but there is no statutory forensic appraisal body, or where laws or judicial interpretations provide that an examination may be conducted, a person with specialized knowledge may be appointed or hired to conduct the examination, and the examination report may be used as a reference for conviction and sentencing." ”
The expert witness testimony system was established by borrowing from the expert witness system in the common law system.
An expert witness in the Chinese legal system refers to a person who uses his professional knowledge and experience to help a judge solve a specialized problem in the knowledge structure and scope of experience of a professional judge.
It can be seen that the legislation and its applicable interpretation have confirmed that the court allows persons with professional knowledge to appear in court to testify on professional issues in order to ascertain the facts of the case, and that expert witnesses on domestic violence in this case appear in court to testify, which is in accordance with the law.
Lawyers are only proficient in the field of law, but do not know about other professional fields, so they can ask someone with specialized knowledge to answer the questions.
In the case of Yao Lianhua's murder of her husband, whether Yao Lianhua's excessive victimization behavior conformed to the general rules of dealing with victims of domestic violence is a professional issue that must be answered by a professional to the court.
As soon as Li Chao finished speaking, Shanruo's beautiful eyes were full of appreciation, and he smiled at Li Chao.
Before, Shanruo was worried that he couldn't wash away the stain of Yao Lianhua's cruelty, but he didn't expect Li Chao to think of Liu Yan, a domestic violence expert he met on the legal platform, and decided to ask Liu Yan to express his opinion on this professional issue as a person with specialized knowledge.
Shanruo sincerely admires Li Chao, and it is not common in judicial practice to invite people with specialized knowledge to testify in court, especially to invite anti-domestic violence experts to testify in court, which is the first time in the country, and Li Chao inadvertently created a precedent.
Li Chao was the first in the country to apply for an anti-domestic violence expert to appear in court, which was completely a stroke of genius, which was conducive to thoroughly explaining professional issues and washing away Yao Lianhua's grievances.
Xu Ling was also very interested when she heard Li Chao's testimony from someone who applied for professional knowledge. The key evidence is finally here, what the expert said, Xu Ling's heart is both expectant and apprehensive.
If the expert said that Yao Lianhua's behavior was normal and in line with the general law, then the foundation of her accusation of Yao Lianhua's cruel methods and bad circumstances would be shaken, thinking of this, Xu Ling added a little nervousness.
The people who were watching were also curious and excited, who are the anti-domestic violence experts, and what will the experts say? Everyone is looking forward to it.
The members of the collegial panel were also in good spirits. The drama finally came, and the prosecution and defense had a heated debate on whether Yao Lianhua's excessive harm was a heinous circumstance, but the judge was not omnipotent, and they didn't have a concept in their hearts about whether the violent resistance of the thug led the way to excessive harm was a heinous circumstance.
Well, now there's finally an expert to answer your questions! The members of the collegial panel couldn't help but praise Li Chao in their hearts, fortunately Li Chao applied for professional knowledge, otherwise they would definitely have to consult relevant professionals after the court before they dared to make a judgment.
Although judges should have stronger professional knowledge, practical skills, life experience, and social experience than ordinary people, judges are not omnipotent. In today's society, the division of labor is becoming more and more refined, and there are more and more emerging fields, and judges are encountering more and more unfamiliar fields.
Among them, the interaction between the two parties in a domestic violence relationship and the characteristics and patterns of intentional homicide cases caused by domestic violence are one of the professional fields that judges are not familiar with.
The participation of expert witnesses on the issue of domestic violence in criminal cases and their appearance in court to testify can be a more comprehensive and in-depth understanding of the essential characteristics of the domestic violence problem, revealing the truth to be proven, and making up for the shortcomings of judges who may lead to unfair judgments due to their lack of professional knowledge.
Moreover, this case is the first time that an expert witness against domestic violence has appeared in court to testify in a case involving domestic violence in the country, and it can be said that because of Li Chao's application, the Shenpeng Intermediate People's Court took the lead in substantively trying the system of anti-domestic violence expert witnesses appearing in court to testify.
This will not only win honor for defense lawyers Li Chao and Lin Shanruo, but also bring great honor to the Shenpeng Intermediate People's Court, which tried the country's first case in which an expert witness against domestic violence appeared in court.
Holding back the joy in his heart, the presiding judge immediately said loudly: "The defense lawyer's application complies with the relevant laws and regulations, and this court allows expert witness Liu Yan to testify in court!" ”
"Now ask the bailiff on duty to bring the witnesses into the courtroom."
The bailiff on duty guided Liu Yan, who was waiting outside the courtroom, into the courtroom.
Everyone is looking forward to seeing what the experts are like. Liu Yan is not tall, with short ear-length hair, easily draped over her shoulders, wearing a black down jacket and a red scarf tied on her chest, and the whole person looks intellectual and capable. There is no general expert on top, but like a capable big sister next door, it makes people feel more cordial at a glance, and they feel trusted and assured.
When everyone saw Liu Yan, they all nodded lightly, obviously recognizing her identity as an anti-domestic violence expert.
Because of Liu Yan's appearance in court, the court deliberately set up a table diagonally opposite the clerk's seat, hung up the sign of the expert witness, and the bailiff on duty took Liu Yan directly to the expert witness seat.
As soon as Liu Yan stood up at the table, the presiding judge said majestically: "This court will first verify the identity, name, gender, date of birth, ethnicity, place of origin, professional position, place of residence, and citizenship number of the witness. ”
Liu Yan put her hands on the table and replied generously: "I am Liu Yan, female, born on February 14, 1962, Han nationality, a native of Beijing, currently the director of the Gender Violence Research Center of the Chinese Women's Federation, mainly researching domestic violence and marital relations, living in Room A-1923, Building 12, Binjiang Lijing Community, Haidian District, Beijing City, citizenship number xxxx. (To be continued......)