52. Affection

Since this is a special psychological murder case, there will inevitably be some legal issues that have not been touched in the course of the court trial, so some lawyers and legal workers in the city have come to the court to observe, and they will not miss this once-in-a-lifetime learning opportunity. [No pop-ups. 】

The higher court also sent someone to guide the trial in advance. The Provincial Law Society and a number of legal journals also came to listen to the trial of Maddie's death from a research perspective.

Of course, most of the audience is still ordinary people. Chinese have always been so lively, usually there are people fighting on the road and there are three layers inside and three layers outside. How can you miss an opportunity to have a strange case like this?

As the investigators of this case, Tang and Mei also appeared in court, and according to the past practice, the public security organs will no longer be in charge of the case after completing the pretrial procedures. However, this time is an exception, it was Tang and Mei who came by themselves, and this case has always involved Tang and Mei's hearts.

At the front of the courtroom is the judge's bench, a middle-aged presiding judge and two young judges, as well as a female clerk.

It is flanked by the prosecutor's bench and the lawyer's bench.

The lawyer was hired by the court for Yan Yu and Shanshan, these two women have not gone through this kind of thing, and they do not have their own lawyers. Da Weiping did not hire a lawyer, and he had to defend himself.

The three defendants, Yan Yu, Shanshan and Da Weiping, stood in the dock together.

It is also rare that there are three defendants in one case. Even if there were, it wasn't a special relationship like these three people.

Considering Shanshan's physical condition, the judge granted her an exception to sit down.

The prosecutor reads the indictment on behalf of the State Prosecutor.

The court then proceeded to try the crimes of each of the three accused.

First of all, Yan Yu's case was heard.

The prosecutor prosecuted Yan Yu for two crimes: one is that Yan Yu knew that Maddie had caused the reservoir capsizing incident and murdered his ex-wife Meixin 7 years ago, but she had not reported it to the public security organs for 7 years and committed the crime of harboring.

The second is that Yan Yu used the secret of Maddie's murder of his ex-wife Meixin 7 years ago as a weapon because her husband Maddie had an affair in Shenzhen, and when she was attempted to be murdered by Maddie, she used anonymous letters to exert psychological pressure on Maddie, causing Maddie to commit suicide and committing psychological murder.

The lawyer began to defend Yan Yu.

For Yan Yu's first crime, the lawyer did not do much defense, because it is a fact that Maddie murdered his ex-wife 7 years ago, and Yan Yu knew that Maddie's criminal behavior is also a fact, which are evidenced by the recording of Maddie before her death and the two anonymous letters written by Yan Yu herself. The lawyer just asked the court to consider that Yan Yu did not deliberately cover up, but was young at the time and lacked legal knowledge, so he asked for leniency.

Regarding Yan Yu's second crime, the lawyer believes that although the case is simple, it is relatively special, and the prosecutor is really reluctant to prosecute him on the charge of psychological murder. Because is psychological murder a crime or not? Does it constitute a crime? At present, there are no clear provisions in China's law, so it should not be measured simply from the perspective of general criminal offenses, but should be carefully studied from the perspective of basic legal theories. The lawyer first explains what constitutes a crime?

According to the basic principles of jurisprudence, there must be four elements for a crime to be constituted, namely: First, the main element of the crime - who committed the crime. Second, the subjective element of the crime - what kind of mental attitude was adopted at the time of the crime. Thirdly, the objective element of the crime - what kind of action is carried out. Fourth, the object element of the crime - what social relations are endangered. The absence of one of these four elements does not constitute a criminal act.

For example, the lawyer said: For example, for the crime of embezzlement, the law stipulates that "it must be an act of a state functionary taking advantage of his position to embezzle public property." In other words, the main element of this crime is "state functionary", the subjective element is "intentional", the objective element is "taking advantage of one's position to commit an act of corruption", and the object is infringing on the ownership of "public property".

Another example is strong? The crime of adultery is "rape by violence, coercion or other means". defilement of women's behavior", thus constituting a strong? The main element of the crime of adultery is that a person who has reached the age of criminal responsibility, the subjective element is "intentional", and the objective element is "rape by violence, coercion or other means". Dirty", the object is that it violates women's personal rights.

The lawyer also applied this principle of jurisprudence to Yan Yu's case.

If the prosecutor charges Yan Yu with psychological murder, then he should be punished according to the crime of intentional homicide under the current criminal law. China's current Criminal Law defines the crime of intentional homicide as "intentional homicide refers to an act of unlawfully and intentionally depriving another person of his life". Analyzing Yan Yu's case according to the principles of the criminal process of jurisprudence and the definition of intentional homicide in the Criminal Law, it can be seen that they are very inconsistent with each other: first, the main element of the crime is Yan Yu herself.

Second, the subjective element of the crime is what attitude the crime has when doing it. That is, what is the motive. If Yan Yu is guilty of homicide, the subjective element of the crime should be "intentional".

However, the fact is that Yan Yu's motive when she wrote two anonymous letters to Maddie was not to "intentionally" kill Maddie. On the bright side, Yan Yu did this to maintain the dignity of the law and promote Maddie's early surrender.

Even on the bad side, Yan Yu wanted to take revenge on Maddie's negative feelings towards her, and wanted him to turn himself in to the Public Security Bureau and squat in prison, but she didn't want to "intentionally" kill someone, let alone think that Maddie would commit suicide.

Third, the objective element of the crime is what kind of action the offender carried out at the time of the crime, that is, the "illegality" mentioned in the law. However, Yan Yu did not do any violent harm to Maddie during the whole incident, she only wrote two anonymous letters to Maddie, and writing letters cannot be regarded as a crime, the Constitution of the People's Republic of China stipulates that Chinese citizens have the freedom to communicate with each other, even if the way of using anonymous letters is somewhat unjust, but this is only a matter of method, not law.

Communication, an "action" permitted by law, is not a crime.

Fourth, the object element of the crime should be what harm was caused, Yan Yu herself did not cause any physical harm to Maddie, and Maddie committed suicide by jumping off the building, whether from the perspective of forensic examination or from the scene, it was completely Maddie's own harm to herself.

As for the psychological impact, it can't be considered harm, because even if Yan Yu doesn't write anonymous letters, Maddie still exists because of the crime of murdering his ex-wife 7 years ago, and his psychological fear of the law will always exist.

To sum up, Yan Yu's actions do not constitute a crime.

To substantiate his point, the lawyer gave two more examples:

A doctor, when he was seeing two patients at the same time, got the names of two people wrong, and it turned out that a person who was originally healthy had cancer in the diagnosis book. Another person who had cancer wrote about health.

Later, because the person who was originally healthy was misdiagnosed with cancer, the psychological pressure was too great, and the spirit was not high, which finally led to illness and death. And the patients who really have cancer have been relieved of the burden of their minds because of the misdiagnosis, and their bodies have always been healthy.

Later, the family of the person who was misdiagnosed with cancer discovered the mistake in an unexpected situation and sued the court. After hearing, the court held that the doctor's actions did not constitute a crime, because he did not meet the subjective and objective elements of a crime. The doctor's actions can only be gross dereliction of duty and should be subject to administrative sanctions and financial penalties.

Here's another example:

One man had a grudge against another, and he devised a plan: kidnap that man in the middle of the night, take him in a car to a dark and unoccupied place, tie him to a chair, tie his arm, tie it with a leather tube, prick it with a needle, and then let the man hear the tick-tick sound, and then leave.

The kidnapped man thought the kidnappers were bleeding him and had a nervous breakdown, causing his heart to stop beating and die. In fact, the murderer didn't cut his veins at all, but there was a dripping tap next to him, and an iron bucket for water was placed under the faucet.

This is psychological murder because the murderer has the four elements to constitute a crime.

The lawyer's brilliant defense won the applause of the audience from time to time.

The court began its trial of Shanshan's case.

Shanshan's charge is one of the following: indirect drug murder responsibility for Maddie's death. Although the psychological effect of Maddie's death is the root cause, the effect of the drug cannot be ignored, and the drug effect of the stimulant that Shanshan gave Maddie played a role in contributing to Maddie's death.

In this regard, the defense of the defender is:

Shanshan should not be responsible for Maddie's death, because first, Shanshan didn't know about Yan Yu writing an anonymous letter and making an anonymous phone call to Maddie, so she didn't know Maddie's psychological state, didn't know that Maddie's spirit had completely collapsed, and she didn't have the premise of consciously "fueling the fire".

Second, Shanshan had no motive to murder Maddie. Although Maddie did not completely solve the problem of Yan Yu, he did not make it clear that he wanted to abandon Shanshan, let alone threaten Shanshan's life, Shanshan wanted to live with Maddie, as long as he waited, there was no need to murder him at all.

Third, that kind of stimulant is not harmful to the human body under normal circumstances, it is not a prohibited drug stipulated by law, and there is no clear provision on under what circumstances it can be taken.

Fourth, and more importantly, the doping was requested by Maddie herself, and Shanshan simply agreed to his request and helped him take it while he was drunk.

Moreover, Maddie also often took it when she was in Shenzhen, just like we normal people are used to drinking tea, there is nothing abnormal about this.

The court began hearing the Da Weiping case.

The prosecutor raised two legal responsibilities with the court for Da Weiping's role in the entire Maddie death incident:

First, in the process of completing the anonymous letter entrusted by Yan Yu, Da Weiping secretly opened other people's letters without the consent of the client, violating Article 0 (paragraph () of the Communications Protection Law.

Second, Da Weiping delivered an anonymous threatening letter on behalf of Yan Yu and made an anonymous phone call to Maddie, which contributed to Maddie's death. Legal responsibility for psychological murder should be held as complicity.

Da Weiping defended himself quite well.

Regarding the first criminal responsibility raised by the prosecutor, Da Weiping defended himself, saying: It is true that he violated the relevant laws and regulations by privately complaining about reading other people's letters, but his motive for opening them was only out of curiosity, and he opened and read the letters of a woman who had a special relationship with him, and if the party Yan Yu herself insisted that he had been violated because his letters were opened, and insisted on suing him for this, he was willing to take the law on the ground.

Therefore, on this issue, he wants to listen to the personal wishes of his master Yan Yu.

The judge asked Yan Yu to express her opinion on the matter in court.

Yan Yu thought for a while and replied: Da Weiping has the right to read my letters in any way, and I myself do not ask to sue him for this.

Yan Yu said this out of true feelings, and now, she still feels guilty for her involvement with Da Weiping, the emotional entanglement between her and Maddie and Shanshan, there was no matter of Da Weiping, Da Weiping was completely out of help to himself, so he strayed into this swamp of feelings, even if he held Da Weiping responsible, he had nothing to do to make up for his problems.

Da Weiping then defended himself to the second count put forward by the prosecutor.

He said: "I did pass two anonymous letters on behalf of Yan Yu and made an anonymous phone call to Maddie. However, this does not constitute the crime of psychological murder in the same case, and I have three reasons: first, when I sent the anonymous letter for Yan Yu at that time, I did not know her motive for psychological murder, and I thought that Yan Yu was using this form to persuade Maddie to surrender to the crime she committed.

Second, my motivation for calling Maddie was also to help Yan Yu complete the process of urging Maddie to surrender, and I thought that I was fulfilling my obligations as a citizen in a special way, and it was not an illegal act.

Thirdly, and most crucially, Maddie's ultimate cause of death was due to the use of psychedelics, and I myself had nothing to do with psychedelics, so how can this be said to be a co-murder crime?"

The court finally handed down the following verdict against the three defendants:

Yan Yu knew that Maddie had killed Meixin and was guilty of harboring. sentenced to five years' imprisonment; Due to the special circumstances of the crime, the crime of psychological murder will be decided after consulting a higher court. Yan Yu herself was detained pending trial.

Due to the special circumstances of the case, the verdict on the crime of indirect homicide with stimulants will not be made for the time being, and the judgment will be made after the higher court is requested. In view of her pregnancy, she was released on bail pending trial.

Da Weiping was convicted of a crime with insufficient evidence and was released in court.

As soon as the verdict was over, police officer Mei came to Shanshan, and by that time the crowd had begun to disperse, and Shanshan stood alone. No one came to pick her up, and she didn't know where to go for a while.

"Shanshan, I'm here to pick you up." May said.

Shanshan was stunned.

"I am your guarantor, and I asked for it myself." Mei said to Shanshan.

"Why do you want to protect me?" Shanshan was visibly stunned.

"Because I'm also a woman, I understand how you're going to marry Maddie. You're right, the most important thing a woman can do in this life is to get married. "Mei came over to help Shanshan." Let's go, get out of here, the environment and atmosphere here are not good for the child in your womb. ”

Shanshan extended her hand to Mei.

Mei asked Shanshan, who had a big belly.

"Where are you going to stay?"

"I don't want to go back to the house that Maddie bought for me."

"Why?"

"After these few days of court hearings, Maddie is completely dead in my heart."

"Then stay in my dormitory for the time being......"

Tang also came to Shanshan's side at this time, and when he heard this, he said:

"So what do I do? Looks like, guys, I'm out of play? I won't be able to go to your dormitory in the future?"

"Man, we're getting married, that's what you said."

"We're just betting, but we haven't seen a winner or loser yet."

"Because I didn't win or lose, and now this is the most reasonable outcome, I didn't win or lose, so you can't go to my dormitory bed anymore - because I gave up the dormitory to Shanshan; You didn't win or lose, so you're ready to say yes, man, am I right?"

Tang said, "So, get married?"

"Get married."

"When?"

"A week later."

Soup nodded.

"In other words, we are now a week away from the grave of love......"