Chapter 160: Sentencing Recommendations
Yao Lianhua listened to the tears, Shanruo's words touched her heartstrings, she remembered the suffering she had suffered over the years, and she couldn't help but feel sad, and the tears could not be stopped. Yao Lianhua's parents and their families, who came to observe the trial, all had tears in their eyes, and they were very distressed when they heard that Yao Lianhua had lived a dark life for so many years.
Xu Ling was also listening quietly, she knew Yao Lianhua's suffering, and now listening to Shanruo's story, she had another layer of understanding, this woman was indeed pitiful.
Li Chao listened and nodded, if he is good enough to be experienced in handling cases, his style in the court is also quite tough, and every sentence is straight to the point and targeted.
The crowd was boiling, and Shanruo still continued to express his defense opinions sonorously and forcefully: 'The third is that the deceased Ye Tianlong took the initiative to abandon Yao Lianhua. Previously, Yao Lianhua couldn't bear Ye Tianlong's domestic violence and asked for a divorce, but at first Ye Tianlong did not agree to the divorce, and also punched Yao Lianhua to prevent him from leaving. ‘
Later, Ye Tianlong had an improper relationship with Lan Yuer, Ye Tianlong disliked Yao Lianhua again, drove Yao Lianhua out of the house, and demanded that Yao Lianhua must divorce, and Yao Lianhua had no share in the joint property of the husband and wife, but had to raise two children alone. Ye Tianlong beat Yao Lianhua to drive away Yao Lianhua, and Yao Lianhua felt abandoned, so he killed Ye Tianlong in anger. ‘
Fourth, Yao Lianhua turned herself in as soon as she killed someone, and according to Article 67 of the Criminal Law, criminals who surrendered themselves may be given a lighter or commuted punishment.
At the time of the incident, Yao Lianhua immediately told her defense lawyer Li Chao of the crime, and entrusted lawyer Li Chao to surrender to the public security organs, and Li Chao was entrusted by Yao Lianhua to truthfully confess Yao Lianhua's crime to the public security organs immediately after explaining on the phone, and the act was a voluntary surrender, and Yao Lianhua should be given a reduced punishment. ‘
'Fifth, the parents of the deceased Ye Tianlong have forgiven Yao Lianhua. After the incident, we immediately went to look for the parents of the deceased. The parents of the deceased blamed the tragedy on their son's long-term domestic violence and emotional abuse, and said that Yao Lianhua was filial to her in-laws and responsible for her children, and they expressed their understanding of Yao Lianhua's behavior. ”
The parents of the deceased have issued us a letter of understanding, which we will submit to the court during the cross-examination stage. According to the corresponding provisions of the Criminal Law, the victim and his relatives should be given a commutation of punishment if they forgive the defendant's conduct. ‘
Ye Tianlong's parents, who were sitting in the audience and listening, couldn't help but burst into tears, they really couldn't bear Yao Lianhua to accept severe punishment.
Before, Li Chao and Shanruo went to visit Ye Tianlong's parents' house. After heart-to-heart exchanges, Ye Tianlong's parents finally issued a letter of understanding. With a letter of understanding in hand, it is good to be so justified if you express your defense opinions.
Shanruo said these five points in one breath, paused slightly, took a breath, and also brewed the wording, because he was about to talk about the sixth point that was crucial in this case.
Yao Lianhua's family members were in tears when they heard these five points, and they regretted that they did not save Yao Lianhua from the fire pit as soon as possible. This led to today's tragedy.
In the interval between the pauses, the observers couldn't help but whisper about it.
'Yao Lianhua, this woman is so pitiful, she hasn't had a good day at all. ‘
He was beaten every day and helped him give birth to four children. In the end, he was going to be kicked out of the house, which was really unlucky enough to find such a decrepit man. ‘
This Ye Tianlong is too much, but Yao Lianhua, a timid and weak woman, would kill people and cut off. I'm drunk too! ‘
When the observers heard these five points, they already sympathized with Yao Lianhua. From these five points, Yao Lianhua is indeed pitiful. She killed people for a purely reason, and she was forced to do nothing.
However, there is always one point entangled in everyone's minds, that is, why Yao Lianhua was so cruel when she killed people, not counting stoning to death, but also brutally cutting hou, which is completely inconsistent with Yao Lianhua's weak and docile character, could it be that when the crime occurred, Yao Lianhua's spirit was greatly stimulated and went crazy?
After contemplating the good feelings and words, Shanruo spoke loudly again, and said firmly and forcefully: "Sixth, Yao Lianhua's killing methods are not cruel, the subjective malice is not great, and it does not have a strict social danger. The target of Yao Lianhua's murder is specific, that is, Ye Tianlong, who has been abusing her for a long time, and Yao Lianhua is not personally dangerous to other members of society. ‘
Moreover, the reason why Yao Lianhua used excessive harm behaviors such as smashing iron frames and poking beer bottles was because under the pressure of Ye Tianlong's long-term domestic violence, Yao Lianhua could not get rid of it, and finally broke out unbearable. It's like a spring, it's always pressed down with a heavy weight, and when it rebounds, the amplitude and intensity of the explosion are extremely ferocious. ‘
When Yao Lianhua decided to resist violently, she had to kill Ye Tianlong, because she knew that if her resistance was ineffective and Ye Tianlong was allowed to come over, then what would await her would be a terrifying nightmare. ‘
Therefore, once Yao Lianhua made up her mind to resist violently, she had to kill Ye Tianlong, and in order to ensure Ye Tianlong's death, she naturally took excessive acts of infliction. This is in line with the general response model of domestic violence victims, which is different from ordinary violent criminals, Yao Lianhua's excessive victimization behavior is only aimed at the abuser Ye Tianlong, and his methods are not cruel, and there is no danger to other members of society! ‘
Projective recognition of the abuser's criticism and accusation and excessive victimization of the abuser may seem contradictory, but they are both behavioral characteristics of the victim of domestic violence. For this point, we will invite professional witnesses to testify in court during the evidence presentation and cross-examination stage! ‘
To sum up, Yao Lianhua has been subjected to domestic violence by the victim Ye Tianlong since she was 18 years old, and she is physically and mentally exhausted; Ye Tianlong also had an extramarital affair, and in order to combine with other women, he severely beat and forced Yao Lianhua to divorce without dividing the joint property of the husband and wife, and forced him to take his two children out of the house. It can be seen that Ye Tianlong is at fault.
Yao Lianhua killed Ye Tianlong because she refused to endure Ye Tianlong's long-term domestic violence, which is in line with the behavioral characteristics of domestic violence victims, and the methods are not cruel, and the circumstances are relatively minor; And he has a plot of voluntary surrender, Ye Tianlong's family also understands Yao Lianhua, Yao Lianhua's subjective malice and social danger are small, and ask the court to give him a fair judgment! ”
"In accordance with the provisions of Article 232 of the Criminal Law of the People's Republic of China, whoever intentionally kills a person shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years; where the circumstances are more minor, the sentence is between three and ten years imprisonment. Considering Ye Tianlong's fault and Yao Lianhua's lesser circumstances, we believe that Yao Lianhua is guilty of intentional homicide and should be sentenced to three years in prison, and we ask the court to support our view! ”
After Shanruo finished his defense, he turned his head and glanced at Li Chao, who responded with a big smile and gave a thumbs up, praising Shanruo's wonderful performance. The two looked at each other and smiled.
When Yao Lianhua heard this, she held the iron railing of the cage with tears and excitement, and her originally sad and desperate face appeared a little angry. Yao Lianhua's face turned white with shock when she heard the life sentence before. And Shanruo reasoned and proposed that a three-year prison sentence would be appropriate, which gave Yao Lianhua hope, if it was really only three years, it would be great. In just three years, she will be able to reunite with her children.
Yao Lianhua's parents and other family members also nodded again and again, obviously agreeing with Shanruo's point of view. His daughter was destroyed by Ye Tianlong to the point that she was not human, and there is still a big bag on her forehead, Yao Lianhua's parents are sad when they think about it, such a bastard son-in-law was killed completely by suicide. The daughter should not be sentenced to life imprisonment, it is better to be sentenced to three years.
The rest of the people who were listening to Shanruo's analysis of Yao Lianhua's murderous methods and the malignancy of the supervisor couldn't help but light up, and secretly sighed in their hearts that this was the case, no wonder Yao Lianhua, who was so weak and docile, would be ferocious to Ye Tianlong, smashing his head and cutting his head, it turned out that this was in line with the law of dealing with the victims.
At the same time, everyone was full of curiosity and expectation that Shanruo would invite expert witnesses to testify in court. Because everyone does not know much about domestic violence, whether the coping mode, resistance mode and social danger of the victim are as Shanruo said, experts need to provide evidence.
When Xu Ling listened to Shanruo's defense, she quietly breathed a sigh of relief in her heart, but at the same time, she felt a heavy pressure on her shoulders.
Breathe a sigh of relief, that is because Yao Lianhua, a poor woman, found the right defense lawyer, and her defense lawyer helped her prepare sufficient evidence, and the arguments were accurate and convincing, which was conducive to reducing Yao Lianhua's culpability. At the same time, the defendant has prepared sufficient evidence and is likely to reduce the punishment, and it will be difficult for her, as a prosecutor, to achieve the goal of prosecuting life imprisonment, so Xu Ling feels a pressure again.
"Don't dare to do anything, violence is not worth advocating, murder is a crime, you can't lynch and kill, I must strike a balance between sympathy and accusation." Xu Ling secretly made up her mind in her heart.
After everyone's feelings calmed down, the presiding judge Meng Qingge continued to preside over the trial: "The prosecutor interrogated the defendant Yao Lianhua. ”
As soon as the presiding judge's voice fell, the audience fell silent, all looking at the beautiful prosecutor Xu Ling, who was looking forward to Xu Ling's best performance. The interrogation of the defendant is an important part of the public prosecutor, which is most conducive to ascertaining the relevant facts of the crime, and is also the link that can best reflect the level of the public prosecutor.
Xu Ling immediately straightened up, the interrogation link is the key, and Yao Lianhua must be allowed to tell the facts of the crime in person!
And Yao Lianhua clutched the iron railing nervously, not daring to raise her head at all. Her heart was flustered, and after being interrogated again and again since she was arrested, she was already afraid, she couldn't figure out what she could say and what she couldn't say, what was good for her, and what was bad for her.
Feeling Li Chao's eyes, Yao Lianhua looked up, it was an encouraging look! Li Chao opened his mouth exaggeratedly and made a lip gesture at Yao Lianhua, Yao Lianhua could see clearly, it was three words "tell the truth"! (To be continued......)
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