Liu Yan talked about excessive victimization, which is the crux of this case. Li Chao's eyes lit up, and he immediately asked loudly: "Director Liu, you just said that excessive victimization has become a typical feature of domestic violence victims using violence to counter violence, can you explain to us in detail why domestic violence victims commit excessive victimization?" ‘

This is an issue that everyone is concerned about, and everyone is eagerly looking at Li Yan.

Li Yan said eloquently: "There are two reasons why excessive victimization has become a typical feature of domestic violence victims' counter-violence cases.

One is caused by the fear of the victim. Most cases of intentional homicide caused by violence in marital relationships are caused by the long-term sexual violence committed by one of the spouses against the other.

Before the life safety of the defendant or his relatives and friends is threatened, the defendant generally swallows his anger and bears the burden of humiliation, hoping to exchange this for the personal safety of himself and his mother's family.

However, the psychological needs of the perpetrator to commit violence are like the increasing demand for drugs by drug addicts.

Once the intensity of the violence is lethal and the duration of the violence is less than a week, the victim may resort to extreme measures, including suicide as a passive form of resistance or killing the perpetrator as an active form of resistance.

While the long-term experience of being beaten causes the defendant to suffer severe physical harm, it also causes the defendant to constantly limit the authority and ability of the victim out of fear, and mistakenly believe that the victim is omnipotent. When the victim makes a death threat, the defendant will believe that the victim will do what he says, and if he does not resist, he will inevitably die.

It was in such desperation and fear that the victim was killed, and he himself changed from a victim of marital violence to a defendant in an intentional homicide case.

In the process of killing, even if the original victim has temporarily lost the ability to resist, the defendant will carry out the murder to the end. Even if they have killed the abuser, they will still do excessive harm.

Because of the countless experiences of being beaten, it is an iron law to unconditionally obey the victim, both verbally and behaviorally, and the consequence of daring to resist is inevitable violent punishment. Therefore, deciding to resist means that the victim must be killed, otherwise it is you who will be killed. ”

The audience was silent, and everyone listened to Liu Yan explain the reasons for the excessive harm caused by domestic violence victims in the case of countering violence with violence. Li Chao and Shanruo also listened carefully and recorded from time to time.

It was not only the two of them who were making records, but Xu Ling and the judges of the collegial panel were making records, they really didn't understand these professional knowledge and opinions, and now Liu Yan explained in detail and answered the questions in their hearts one by one.

After listening to Liu Yan's penetrating analysis, the people who were listening to it all nodded convincingly, with a look of adoration in their eyes, looking at Liu Yan on the witness stand.

Liu Yan continued to explain the reasons for the excessive victimization in the admiring eyes of everyone, "The second is that the occurrence of excessive victimization is determined by the gender characteristics of the killing method.

Killing is a method of violence that is gender-specific. When choosing a mate, Chinese people generally adopt the standard of male superiority and female inferiority. In marriage-love relationships established according to such standards, the woman is often lower than the man in terms of height and body. In the event of violence between two people, the woman is the victim in most cases.

If the violence becomes unbearable and external help is not available, for the victim woman, letting the perpetrator disappear may be the only option.

Under normal circumstances, due to physical weakness and the fear of long-term violence, women who are victims of marital violence will not and are unlikely to resist immediately when they are beaten.

In most cases, they commit crimes by poisoning food, drugged them, attacking them from behind with knives or clubs while they are asleep by good people, or when the victim is unprepared. Sometimes, they also join forces with their children who are also beaten to kill the victim, so that two or three mothers and sons become defendants.

In such cases, in order to ensure that the victim is killed, the weak women often resort to excessive victimization because they cannot control the situation at the scene, and in order to achieve the goal of killing the abuser, it is necessary to let the perpetrator die completely. ”

"Therefore, the occurrence and becoming a prominent feature of excessive victimization in cases where the victim counters violence is due to the defendant's freedom from the fear of violence at the time of the commission of the crime and the gendered method of killing used."

After Liu Yan finished answering, the judge breathed a long sigh of relief. Before, they were in a fog and couldn't figure out whether the excessive victimization of cutting hou was normal in domestic violence cases, but now after listening to Liu Yan's explanation, they suddenly understood and understood.

Xu Ling listened to it, but her face was solemn. Liu Yan's explanation perfectly answers that excessive victimization is a typical feature of homicide cases of violent victims, which is in line with the law of dealing with domestic violence.

It also perfectly proves that Yao Lianhua's excessive victimization behavior of cutting her husband when she kills her husband is completely in line with the characteristics and laws of the victim when he uses violence to counter violence and resist.

Li Chao and Shanruo nodded lightly while listening, and the two looked at each other and smiled after listening. Great, it was wise to ask Liu Yan to appear in court as an expert witness, and she clearly explained to the court that excessive harm is an important feature and a common phenomenon in husband murder cases.

Li Chao was overjoyed, and then asked excitedly: "Since excessive harm is an important feature in the case of countering violence with violence, then Yao Lianhua also has excessive harm in this case, can it be inferred that Yao Lianhua's criminal methods are cruel, the circumstances are heinous, and the subjective malice is great?" ”

This is the biggest controversy in this case, and it is also the core of deciding which party wins. If the expert said that the defendant's excessive harm shows that the defendant's methods are cruel, the circumstances are heinous, and the subjective malice is great, then Li Chao's side will lose the lawsuit. If the experts' opinions are contrary, then Xu Ling's accusation against Yao Lianhua for life imprisonment will not be supported by the court!

Yao Lianhua also felt that the question was the most important place, and a pair of red and swollen eyes stared at Liu Yan tightly, expecting to pray for a satisfactory answer.

Xu Ling's heart hung up, she sat up straight, her two pink ears pricked up, ready to listen carefully to Liu Yan's opinion.

The eyes of the members of the collegial panel also turned to Liu Yan, and the answer to this question directly determined the verdict of this case, and the judges cheered up their spirits.

There was only one focus in the audience, and that was the expert witness Liu Yan.

Under the gaze of everyone, Liu Yan calmly replied: "In this case, when Yao Lianhua killed Ye Tianlong, she first repeatedly smashed Ye Tianlong's head with an iron frame, and then poked and cut the throat of the deceased with a sharp cut formed by a rotten beer bottle, so that it looked cruel.

However, this kind of excessive harm is a common feature and pattern in cases where the victim uses violence to counter violence and kill. These victims, who seem to be a little cruel, are fundamentally different from the defendants who deliberately torture the victim so that the victim dies in agony.

The latter type of defendant takes pleasure in torturing the victim, and his methods may reflect his subjective malice. In the former case, when they are forced to become victims, their brains are usually blank due to extreme fear, and they have long experience of violence, believing that if they can't kill the victim, the victim will kill themselves.

Yao Lianhua smashed Ye Tianlong's head more than a dozen times with an iron frame, and then used a rotten beer bottle to cut her throat, mainly to ensure that the perpetrator of domestic violence was killed, so that she could get rid of the fate of being beaten from now on. Therefore, Yao Lianhua's murderous methods are related to the great fear of revenge on herself for fear that the victim will not die, but there is no necessary connection with the magnitude of her subjective malignancy. This can also be reflected in the fact that Yao Lianhua is a first-time offender and an occasional offender, and she has never committed any illegal acts or criminal records before the crime. ”

Li Chao and Shanruo nodded frequently when they heard this, and even Yao Lianhua was excited, it was obvious that Liu Yan's point of view was in her favor. Yao Lianhua's family is in good spirits, and the situation is developing in a direction favorable to Yao Lianhua.

Xu Ling's delicate face was full of solemnity, and the foundation of her accusation of Yao Lianhua's cruel methods and bad circumstances was shaking.

At a time when the reactions of all parties were mixed, Liu Yan continued: "In addition, we should note that in such cases, self-protection is the main motivation for the victim to commit the act of harm to the perpetrator. Yao Lianhua's murder was ostensibly not aimed at ongoing violence, but at the threat of violence, which in practice is widely regarded as a premeditated intentional homicide, which is what the international community calls a typical act of defense for a battered woman.

In fact, the judgment of the victim of violence on whether the risk of death is imminent is based on the long-term experience of being beaten and a deep understanding of the psychological and behavioral habits of the victim, and this ability to judge and predict is not possessed by people who have not experienced the same thing.

Only by having a deep understanding of the interaction patterns between the two parties in the marriage and love relationship, and putting oneself in the shoes of the victim, can we find that there is a causal relationship between the previous experience of violence and the murderous behavior.

It is precisely because of the factor of self-defense that the evaluation of the social dangerousness and subjective malice of the crime of intentional homicide committed by the victim against the perpetrator should be different from that of the ordinary crime of intentional homicide. ”

"To sum up, Yao Lianhua's murder was caused by great fear, with self-defense behavior, and his killing methods were not cruel, the circumstances were not bad, and the subjective malice was not great!"

As soon as Liu Yan's words fell, Yao Lianhua was already excited with tears, and sighed in her heart, "Bosom friend, this is definitely a bosom friend!" Liu Yan clearly showed Yao Lianhua's inner thoughts, Yao Lianhua had the feeling of meeting a confidant, and couldn't wait to shout "Long live understanding"!

Yao Lianhua's family knew that this was a great piece of favorable evidence and would definitely help mitigate the punishment. Hurriedly nodded frequently in support of Liu Yan's point of view.

Everyone who was listening also nodded with admiration, from the beginning of the trial of this case, there was a doubt in everyone's hearts, why did Yao Lianhua, such a docile woman, smash and cut her husband with an iron frame, and murder her husband brutally, in the end, Yao Lianhua was cruel and had a bad plot? R1152