No. 168 Qualities of the top 10 prosecutors

In the face of everyone's expectations, Liu Yan rationally made her final concluding speech: "Dear presiding judge, judge, and people's assessor, as an anti-domestic violence researcher, my long-term research on domestic violence has found that there are the following characteristics in cases of violence and homicide by violent people:

The first is that the deceased committed domestic violence for a long time, and was seriously at fault and bears heavy responsibility for his own killing. ใ€้ ‚ใ€็‚นใ€ๅฐใ€‘ใ€Say,x.

The second is that the defendant kills the abuser in order to get rid of domestic violence, and in a state of extreme fear, the defendant often commits excessive victimization.

Third, the defendant's method of killing is gender-specific, and he often sneaks up on the perpetrator while he is asleep or drunk.

Fourth, the defendant's violence was only directed at the specific target of the perpetrator, and the act was directed at a single target, and was not dangerous to other members of society.

Specifically, in this case, I believe that Ye Tianlong has committed domestic violence for a long time, which has caused Yao Lianhua great physical and mental suffering.

As everyone downplayed domestic violence into family disputes and emotional disputes, Ye Tianlong's violent behavior intensified because it could not be effectively stopped, and finally Yao Lianhua could not bear it.

In order to get rid of the endless threats of violence, Yao Lianhua smashed Ye Tianlong's head with an iron frame with great fear, and in order to ensure Ye Tianlong's death, she carried out the excessive act of cutting his throat with a rotten beer bottle.

From the perspective of scholars who study domestic violence, Yao Lianhua's murder methods have obvious gender characteristics, and her criminal methods are not cruel, subjectively vicious, and not dangerous to society!

The above is my opinion, I hope that the court will adopt it! โ€

Liu Yan stated her opinions fluently and freely, and everyone who was watching nodded frequently, experts are experts, and all doubts were eliminated as soon as they appeared in court.

Yao Lianhua also nodded with tears, and looked at Liu Yan with eyes full of tears approvingly and gratefully. This expert told all the grievances in her heart, and Yao Lianhua felt a sense of joy.

Then, Yao Lianhua's gaze shifted to Li Chao and Shanruo, and her eyes were full of excitement and excitement. I am really grateful to the two lawyers, Li Chao and Lin Shanruo, if it weren't for the two of them as defense lawyers, where would Yao Lianhua think that she could invite anti-domestic violence experts to testify in court, and where would she go to invite experts like Liu Yan!

Superman lawyer is great, and he wants to win the case as soon as he comes out!

Shanruo also looked at Li Chao with admiration, Li Chao invited anti-domestic violence experts to testify in court for the first time in a domestic violence homicide case in the country, and the effect was remarkable.

Liu Yan is an expert authority to explain the characteristics of homicide cases. Yao Lianhua's methods and means of killing people completely conform to the characteristics of this type of case and are normal behaviors, which immediately reversed the entire trial scene.

Feeling Yao Lianhua's kind and admiring gaze, Li Chao smiled slightly, helped Yao Lianhua wash away the key stains, and won the sympathy of the collegial panel, and the next thing to fight for is to reduce the criminal punishment!

Just as Li Chao was thinking, another look of admiration came over.

To Li Chao's surprise, Xu Ling also cast an appreciative glance at him, and Li Chao was stunned for a moment and then admired. Smile generously at her.

Liu Yan's expert opinion overturned Xu Ling's accusation that Yao Lianhua's crime was aggravated, or deeply frustrated and powerless.

But Xu Ling's face was calm, and she even generously expressed her appreciation for Li Chao's invitation to expert witnesses to appear in court. This shows that Xu Ling has excellent professional ethics and will not wantonly smear the defendant. At the same time, this also shows that Xu Ling is an extremely difficult prosecutor to deal with, because she has her own principles and positions, and she will definitely finally perform her duties. Unrelenting in the performance of the prosecution function.

Without a certain professional conscience and legal literacy, Xu Ling is not one of the top ten prosecutors. This Xu Ling is not simple, Li Chao thought to himself.

Come to think of this. Li Chao felt a wave of pride surging into his heart, this lawsuit can fight against the top ten prosecutors in Shenpeng like Xu Ling is an excellent opportunity to hone his debating skills, so he took this opportunity to have a fight with Xu Ling!

The presiding judge, Meng Qingge, said in a majestic voice: "The bailiff on duty will take the witness out of the courtroom, and the witness will wait outside the courtroom, and sign the testimony record after the trial. โ€

This was the end of Liu Yan's testimony, and she left with the bailiff on duty.

After Liu Yan left the courtroom, the presiding judge Meng Qingge continued: "The defendant has finished presenting evidence, and now the prosecutor will cross-examine the defendant's evidence!" โ€

Everyone in the audience focused on Xu Ling, and the evidence presented by the defendant was sufficient and detailed, and forcefully refuted the prosecutor's accusation.

In such an unfavorable situation, everyone wants to know what kind of cross-examination opinions Xu Ling will give as one of the top ten prosecutors.

Xu Ling's face was calm, and there were no negative feelings such as frustration and frustration at all, and she firmly and forcefully expressed her cross-examination opinions: "There is no objection to the authenticity, legitimacy and relevance of evidence 1.

There is no objection to the authenticity of evidence 2, 3, and 4, but Ye Tianlong's faults such as domestic violence and marital infidelity are not an excuse for Yao Lianhua to use violence to kill, and no one has the right to use lynching to kill.

There is no objection to the authenticity and legality of Evidence 5, and the defendant Yao Lianhua's conduct does constitute voluntary surrender, but it is not a natural reduction of punishment for her. In accordance with the provisions of article 67 of the Criminal Law, a person who voluntarily surrenders after committing a crime and truthfully confesses his or her crime is deemed to have surrendered voluntarily. Criminals who surrender themselves may be given a lighter or commuted punishment.

Please note that the wording of the provision is 'the punishment may be mitigated or mitigated', and it does not say that it should, let alone that the punishment must be reduced!

The sentencing of the defendant Yao Lianhua should be based on the entire circumstances of the case, taking into account the circumstances of the defendant's crime, subjective malice, and social dangerousness. โ€

"I have no objection to the authenticity, legality, and relevance of Evidence 6, but I remind the opposing defense lawyer that the letter of understanding issued by the family of the deceased can be used as a reference for conviction and sentencing, but the punishment should be reduced if a letter of understanding is not issued."

"With regard to Exhibit 7, that is, the witness testimony of expert Liu Yan, we believe that there are inconsistencies in Liu Yan's witness testimony.

When answering the question of the opposing defense lawyer Li Chao, Liu Yan said that in a case where the victim of violence uses violence to counter violence and kill, the defendant's subjective malice and social dangerousness cannot be equated with ordinary homicide cases, and the meaning of this sentence should be that the factors of domestic violence are taken into account, and the defendant's subjective malice and social dangerousness can be appropriately considered.

However, when Liu Yan finally summarized and stated, she directly and arbitrarily concluded that Yao Lianhua's subjective malice and social danger were relatively small.

There is a contradiction between the two. Therefore, Liu Yan's conclusion about Yao Lianhua's subjective malignancy and social danger should not be established. โ€

Xu Ling is really not covered, and in the face of such solid evidence, she can find a rebuttal point. She first put herself in the right position and impartially admitted that Ye Tianlong was at fault, but she fiercely grasped the indisputable fact that Yao Lianhua used violence to kill people to refute it, and strongly advocated that Yao Lianhua be punished according to law.

Xu Ling's actions are dignified and upright, and she deserves to be one of the top ten prosecutors. Although not everyone agrees with her cross-examination, they are quite admirable for her position and attitude.

After Xu Ling finished cross-examination, the presiding judge, Meng Qingge, said majestically: "This court investigates several issues. Please answer truthfully! โ€

Yao Lianhua nodded again and again, and said yes loudly.

Judge Yuan Rou took the lead in asking, "Defendant." Tell me about the fertility situation of you and the deceased Ye Tianlong after marriage? โ€

Thinking of the children, Yao Lianhua's eyes had a strange brilliance, and she replied with a little excitement: "I gave birth to my eldest daughter on September 1, 1998, and named Ye Zhaodi. On February 13, 2002, she gave birth to a second daughter, named Ye Pandi. On November 24, 2007, she gave birth to her third daughter, Ye Yingdi. Born on March 1, 2012, she finally gave birth to her son Ye Meidi. Now I'm locked up in the detention center, and my four children are living with my grandparents, and I'm ......."

Saying that, Yao Lianhua's tears were like rain, crying silently, with a look of chagrin and regret.

The youngest son is now a little over 3 years old. It is the time when the mother is needed the most, but unfortunately Yao Lianhua is now in prison and cannot give the children pain**.

Ye Tianlong's parents looked at Yao Lianhua painfully. Yao Lianhua couldn't help but wet her clothes with tears when she saw Ye Tianlong's parents, and the two old men didn't feel good when they looked at Yao Lianhua standing in the cage. Thinking of the four granddaughters and grandchildren who are lonely, I can't help but cry.

The four children are lonely and can only live with their grandparents, which is really pitiful. Everyone also sighed, how innocent the child was.

Presiding Judge Meng Qingge then asked, "Defendant Yao Lianhua, do you repent?" โ€

Yao Lianhua burst into tears. Nodding his head excitedly, he replied with tears: "Judge, I repent, I repent!" I regret dying now, whether I close my eyes or open my eyes, all I think about is that Ye Tianlong is gone, and I will also be locked up, what about the four children?!

I regret my impulsiveness that day, and the irreparable wrongdoing. Although Ye Tianlong kept beating me and scolding me, he still had me in his heart, and he didn't kill me after all. And I killed him on the spur of the moment!

I regret it so much now! If I don't be impulsive and try hard to fight away from Xiaosan Lan Yu'er, then Ye Tianlong will still come back to me, and our family of six can still live happily together! โ€

The people who were listening were almost so angry that they were hurt internally, and if they made two mistakes like this, everyone didn't know how to evaluate Yao Lianhua, and some people couldn't help but burst into foul language.

"You're stupid, you've been beaten like this, and you're still talking for that stinky man!"

"Really, Yao Lianhua is not a masochist, right?!"

"Your head is broken, aren't you, and you're looking forward to reuniting with the violent maniac??"

Even Yao Lianhua's family shook their heads when they heard this, complaining that Yao Lianhua was blind and treating Ye Tianlong as a good husband.

"Silence! Quiet! The presiding judge shouted majestically, and the noisy discussion stopped.

Forget it, this is a poor man who has been beaten stupidly, and everyone comforts themselves like this in their hearts, so they don't continue to talk about it.

Presiding Judge Meng Qingge loudly announced: "The court investigation is over, and now we have entered the court debate stage. The prosecutor will first give his opinion on the debate! (To be continued......)

ps: Thank you for the 588 reward for the monthly monologue, the 200 reward for Mengqingge, the 1 monthly ticket for zoezimmer, and the 1 monthly ticket for the Tsubaki Ghost Civic! Book friend Meng Qingge is the presiding judge, this trick runs mightily! R640