February 18th New Year, now is February 13th, the day of the New Year on December 24th of the lunar calendar, my father has explained that he will rush home on December 27th of the lunar calendar, that is, before February 15th, and today finally handled the case of Yao Lianhua's murder, and then deal with the miscellaneous matters this afternoon and evening, and drive home directly through the Beijing-Guangzhou Expressway on the morning of February 14, and strive to rush home for dinner on the same day.

Li Chao raised his wine glass and said, "Come, today is the day of the New Year, we are destined to get together, everyone toast together!" ”

Everyone stood up, laughing and toasting in celebration.

Li Chao and the others were eating happily, and the discussion on the Internet about Yao Lianhua's murder case was also lively.

Both the Huaxia Court website and the Supreme People's Procuratorate website have special reports on the case, and major web portals have also reported on it.

"The violent woman killed her husband in anger, and the judge gave a light sentence of five years"

"The country's first anti-domestic violence expert testified in court"

"Experts testify in court, and the murder of the husband is only sentenced to five years"......

Fenghuang Media even followed up and reported on the whole process of Yao Lianhua's murder of her husband with the largest anti-domestic violence case in the country, and even reported on the bill put forward by Li Chao as a representative of public opinion at the National People's Congress.

Underneath the overwhelming publicity, there are all kinds of comments. This verdict stung the eyes of many people, bringing netizens a double impact on their intellect and emotion.

Some people shouted that the sentence was light, some people ridiculed "thank my wife for not killing her" with complicated feelings, of course, some people were noncommittal, and some people applauded this sentence. However, in any case, the term domestic violence suddenly entered the public eye and sparked discussion.

There were also discussions about the legitimacy of expert witnesses testifying in court, and some questioned Liu Yan's professionalism. Some people are suspicious of Liu Yan's stance, but more people have a positive stance on Liu Yan's testimony in court, and they welcome and approve of Yao Lianhua's sentencing to five years in prison.

The President of the Fourth Criminal Trial Division of the Supreme People's Court, the Master of Foreign Criminal Law of the Law Department of Beijing University, and the Moon Monologue Justice, who has been engaged in criminal trials for nearly 30 years, was interviewed by Fenghuang Media. This is how the legality and necessity of the appearance of expert witnesses in criminal trials involving domestic violence is evaluated.

"Today, in the trial of intentional homicide cases, the Shenpeng Intermediate People's Court brought in experts on domestic violence to appear in court to be questioned by the prosecution and defense trial, and provided expert opinions on the characteristics and laws of domestic violence.

After the move was reported by the media, it was well received by all sectors of society. In particular, the high level of support of the women's legal profession has also sparked a debate within the court system about the legality and necessity of expert witnesses to testify. Here's what I think about it:

1. The appearance of domestic violence experts in court is lawful. Paragraphs 2 and 3 of Article 192 of the Criminal Procedure Law stipulate that 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 give an opinion on the firm opinion made by the expert expert. The court shall make a decision to grant the above application.

Paragraphs 1 and 2 of Article 87 of the Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law of the People's Republic of China. Where there is a need to evaluate the tiger in the case of your sexuality, but there is no legally-prescribed forensic evaluation 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 in conviction and sentencing.

On December 23, 2009, the Supreme People's Court stated in its "Announcement of Responses to 31 Opinions from Netizens": "The expert witness system has not been implemented in China for a long time, but the Supreme People's Court has placed great emphasis on giving play to the role of expert witnesses, and actively encourages and supports parties to hire expert witnesses to appear in court to explain specialized issues." and urge the parties and the experts they hire to conduct full and effective confrontations, and better help identify the implementation of professional technology.

This reply shows the application of the expert witness system in China's judicial practice.

It can be seen from this that the extremely applicable interpretation of the legislation has 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.

An expert witness on domestic violence in the murder of Yao Lianhua's husband testified in court. Comply with legal requirements. The Shenpeng Intermediate People's Court's move to introduce expert witnesses on domestic violence to testify in court in criminal cases involving domestic violence is an extremely useful practical exploration carried out in accordance with the law.

2. The necessity for domestic violence experts to appear in court. Judicial adjudication is the presumption of an unknown implementation of a specialized activity that has taken place on the basis of available evidence. In today's society, the division of labor is becoming more and more refined, and there are more and more emerging 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 professional fields that judges are not familiar with.

Expert witnesses on domestic violence participate in criminal trials and are cross-examined by all parties. The essential characteristics of the domestic violence problem can be clarified in a more comprehensive and in-depth manner, and the truth of the facts to be proved can be revealed. Make up for the shortcomings of judges who may lead to unfair adjudication due to their lack of professional knowledge.

Currently, cases of intentional homicide occur in the context of marital and family relations. Some are caused by ordinary marriage and family disputes, and some are caused by long-term domestic violence. The latter can be divided into two categories: the perpetrator of violence against the victim for a long time, and the victim of violence to kill the perpetrator by violence.

In the latter type of case, expert witnesses can explain whether the defendant's inner cause for killing the victim was to stop and get rid of the victim's long-term violence, whether the murder occurred under unbearable circumstances and there was no other choice, and whether the defendant's murderous methods in individual cases were related to the extreme fear caused by the long-term violence that arranged the other party to die and killed himself.

After hearing the expert's opinion, if the court finds that the expert's explanation is reasonable, it may find that the victim was at fault beyond the time limit of the case, and the defendant's subjective malice is relatively small, and the defendant may generally be punished in accordance with Article 232 of the Criminal Law as 'less serious'.

Without the assistance of expert witnesses on domestic violence, it is difficult for the court to objectively determine the cause of the defendant's motive for committing the crime, and it is difficult to accurately assess the defendant's fault responsibility for the cause of the crime, and the result is likely to lead to an imbalance in the sentencing of the defendant. Therefore, it is extremely necessary for expert witnesses of domestic violence to participate in criminal trials.

In my opinion, Yao Lianhua's defense lawyers, Li Chao and Lin Shanruo, applied for domestic violence experts to testify in court, as well as the exploration of the Shenpeng Intermediate People's Court, not only help to expand the judges' perception and knowledge structure, but also greatly promote the fairness and justice of substantive adjudication.

Therefore, the practices of the two lawyers, Li Chao and Lin Shanruo, are worthy of recognition and promotion! ”

The justices of the Supreme People's Court spoke highly of Li Chao and Lin Shanruo, which made Li Chao and Lin Shanruo hot and popular, and many fans in the fan base were so excited that they praised it!

Li Chao won praise not only in the online media, but also in reality, after eating the hometown flavor banquet, bidding farewell to the grateful Yao Lianhua family, Li Chao drank alcohol and couldn't drive, so he took a taxi and went straight to the District People's University.

At 3:30 p.m., the Standing Committee of the District People's Congress convened on time, and all 11 Standing Committee members attended, at which the Standing Committee members spoke highly of Li Chao's anti-domestic violence proposal, and asked Li Chao to give a detailed report and explanation on the murder case of Yao Lianhua.

After hearing this, all the Standing Committee members sighed at Yao Lianhua's experience, expressed sympathy, and expressed heartache for the tragedy.

In the end, the Standing Committee decided that the proposal put forward by Li Chao must be properly handled, and decided to issue a normative document on domestic violence to prevent and stop domestic violence.

Hearing that the Standing Committee members unanimously agreed to issue a local document to protect the victims, Li Chao's spirit was high, and it seemed that his efforts were not in vain. The members of the Standing Committee of the District People's Congress also agreed to strengthen and improve the anti-domestic violence work.

After the Standing Committee discussed, the relevant resolution was passed and immediately implemented after the Spring Festival.

Moreover, Long Yumin, chairman of the District People's Congress, specially explained that after the Spring Festival, Li Chao assisted the Legislative Affairs Committee in drafting this local normative document on domestic violence.

This is a brave attempt to explore, of course Li Chao will not refuse, and immediately nodded in agreement.

After the Standing Committee meeting, it was already 5 o'clock in the afternoon, Shanruo drove to pick up Li Chao, and the two bought some Shenpeng specialties together, and then drove to the hotel to pick up Liu Yan and take her to the airport.

In front of the boarding gate, Shanruo handed the gift to Liu Yan and said with a smile: "Director Liu, this court session is really thanks to you!" Today is the New Year, and let you live on the plane, here are some Shenpeng local products, you can taste them on the plane. ”

Liu Yan hurriedly waved her hand and refused: "Don't be so polite, this is what I should do as an anti-domestic violence researcher!" ”

Li Chao smiled and came up to persuade: "Director Liu, you haven't made it in your childhood, it's just a little souvenir, you can accept it!" ”

Seeing that Li Chao and Shanruo were so sincere, Liu Yan didn't want to spoil their kindness, so she accepted it.

After receiving the souvenirs, Liu Yan specially advised: "Li Chao, after the New Year, your district people's congress will issue a local document against domestic violence, you must devote yourself to this work and seek justice for the victims!" ”

Li Chao smiled confidently and said strongly: "Director Liu, don't worry!" Opposing domestic violence and safeguarding the legitimate rights and interests of victims of violence is the purpose of this bill, and I will definitely achieve this goal! ”

"Come on!"

"Come on!"

The two sides encouraged each other, and then waved goodbye, Li Chao and Shanruo watched Liu Yan disappear at the boarding gate.

Seeing Liu Yan disappear from the waiting hall, Li Chao's heart also drifted back to his hometown, Liu Yan flew home, and he was ready to go home.

It's only tonight, and I'm going to leave tomorrow morning, and I have to get ready for all the New Year's goods and gifts I should bring to my family.

Thinking of this, Li Chao glanced back at Shanruo, and just as Shanruo also looked over, the two met their eyes and said in unison: "Let's go buy New Year's goods!" (To be continued)

ps: Haha, this chapter book friend has a cameo appearance in the monologue of the moon! R580