Chapter 575: Definitions

Sima Qiqi looked at Qi Nian and said slowly: "Your Excellency, Judge, before, I applied to the adjudication tribunal to let my client conduct a mental assessment. This is the psychiatric evaluation report conducted by the professional staff of the forensic psychiatric department on my client. In the report, it was pointed out that my client, Ms. Liu Lian, would behave completely different when faced with the same situation, and one of the manifestations was extremely manic and had a strong tendency to violence. This is the scene that my client is showing now. ”

Qi Nian recorded Sima Qiqi's statement just now, looked up at Liu Lian, who was fierce and vicious at this time, Qi Nian nodded slightly.

"Defense lawyer, does the defendant only have two personalities?"

Qi Nian lowered his head and asked.

"No, according to the psychiatric evaluation, my client has at least three personalities, the personality of a ten-year-old girl and a very calm and rational personality that has appeared, and what has always appeared in the previous trial is a very calm and rational personality."

Qi Nian nodded, recording the key points of Sima Qiqi's statement. Sima Qiqi looked at Qi Nian and continued.

"Your Excellency, my client's psychiatric evaluation report has indicated that my client is a patient with a split personality, which is equivalent to a person with partial capacity for civil conduct. So when a personality appears, the other personalities are asleep, and when a personality commits a crime and the other personalities don't know it, can it still be considered that it is the subjective consciousness of the person who killed me? ”

"Objection, Your Excellency, the defense lawyer confuses the concept, according to the law, a person who is not fully capable of civil conduct, means that the relevant behavior is not controlled by the brain, please look at the defendant, all the defendant's aggressive behavior comes from his brain, not completely uncontrolled. Even if the defendant did suffer from split personality, according to the data, the patients with split personality were normal people when they changed their personalities, but because they behaved diametrically opposite to what they usually knew, they were considered to be sick, and there were reports that many people with split personality were able to live a normal life as long as they were able to control their personalities. ”

"Your Excellency, if you think that my client is a murderer and is not a person with full capacity for civil conduct, then Your Excellency Judge, I would like to ask a question, in addition to the two kinds of people of reason and madness, there is also the personality of a third ten-year-old girl, if the murderer is the two personalities of reason and madness, then legally, the personality of the ten-year-old girl is innocent, Your Excellency Judge, should the personality of the ten-year-old girl be released, but they are in the same body, if according to what the prosecutor just saidIf each personality is a complete person, and it is not considered a person with incomplete civil capacity, so according to the law, if my client appears as a ten-year-old girl, can he be acquitted because he has not reached the age of committing a crime? ”

Fang Aoqin heard Sima Qiqi's rebuttal, sneered and said: "Defense lawyer, you are really joking, even if your client has the personality of a ten-year-old girl, but her real age is written in the information, it is 26 years old. ”

Sima Qiqi heard Fang Aoqin's words, smiled slightly and said, "Prosecutor, I want to ask you one thing, in real life, is there a kind of body that is already an adult but has an IQ that is still a child?" ”

"Absolutely."

Sima Qiqi then asked: "So is this kind of person a person who is not a person with full capacity for civil conduct or a person with full capacity for civil conduct?" ”

Fang Aoqin was about to answer, when he suddenly realized that he had fallen into Sima Qiqi's language trap. looked at Sima Qiqi in a daze, and didn't speak for a long time.

Seeing that Fang Aoqin didn't speak, Sima Qiqi looked at Qi Nian and said slowly, "Your Excellency, what do you think?" ”

"Naturally, it is a person with non-full capacity for civil conduct."

Sima Qiqi smiled and pointed at Liu Lian and said, "Then, Your Excellency, my client has the personality of a ten-year-old child, isn't this enough to show that my client is a person with incomplete civil capacity." If this is the case, why should my client be punished for a felony? ”

Fang Aoqin stood up again and objected: "Your Excellency, according to the statement of the defense lawyer just now, there are still two personalities in the defendant's body, and these two personalities are adult personalities, so in terms of proportion, 2/3 of the defendant's personality is a person with full civil capacity, so he should accept the corresponding punishment for the crimes he committed." ”

Qi Nian looked at Sima Qiqi and waited for Sima Qiqi to have no rebuttal words, Sima Qiqi looked at Qi Nian calmly and said: "Your Excellency, I have been arguing with the prosecutor whether my client is a person with full or incomplete civil capacity. I hereby ask the judge to call the defence witness, Dr. Wen Ran, a forensic psychiatrist. ”

Qi Nian also felt that if Sima Qiqi and Fang Aoqin continued to argue, there would be no result, the business level of the two was too good,-for-tat, and no one could gain the upper hand.

A polite man came to the witness stand, Sima Qiqi looked at Wen Ran and asked: "Witness, you are an expert in forensic psychiatry, may I ask you, is a person with split personality considered a person with incomplete civil capacity as stipulated in the law?" ”

Wen Ran nodded and said: "Patients with split personality, when they switch personalities, generally speaking, other personalities do not have the memory of the previous personality, so many patients with split personality will encounter various difficulties in life, such as forgetting what they were doing before, major changes in personality, and being looked at strangely by the people around them. I think they are not fully capable of civil conduct. ”

Sima Qiqi nodded and sat back in his place, Fang Aoqin stood up at this time, holding a document in his hand and said, "Witness, it was mentioned in your previous paper that patients with split personality can live a normal life after a certain amount of training, please explain." ”

"Objection, Your Excellency, my client has not undergone special training, so the possibility of what the prosecutor said is negligible."

Fang Aoqin looked at Qi Nian and said with a serious face: "Your Excellency, since you want to know whether a person with a split personality is a person with full capacity for civil conduct, I think it is necessary for the witness to answer this question. ”

Qi Nian thought about it and looked at Liu Lian again, Liu Lian was still murderous at this time, but just now Qi Nian also saw that Liu Lian seemed to be able to control his personality, Qi Nian looked at Sima Qiqi and said: "The defense lawyer's objection is invalid." The prosecutor continues with your question. ”

Fang Aoqin nodded slightly and looked at Wen Ran, hoping that Wen Ran would answer the question he had just asked.

Wen Ran replied slowly: "This is actually okay, the split personality is because the patient has experienced a major emotional trauma, and the brain produces a sense of protection to prevent people from collapsing due to major impacts." I give a score, this piece of paper is a complete person, tearing half is the beginning of the split personality, if the surrounding situation is unfavorable, then the personality in it, will be divided again, continue to score. But you can notice that there is still half a complete piece of paper here. This is what we call the main personality. ”

"What is the role of the main personality?"

"The main personality, as the name suggests, is the main personality and the personality that plays the leading role. According to research, the main personality has the memories of other personalities, so when the main personality appears, life can be in order. The training method just mentioned by the prosecutor is actually to highlight the main personality, so that the main personality can appear as much as possible, so that the patient can live a normal life. ”

Fang Aoqin pointed at Liu Lian and asked, "What about the defendant?" ”

"The defendant did not receive special training, but after examination, the defendant's main personality was very strong and he had realized that he was the main personality, so the appearance of other personalities would only appear if the consent of the main personality was obtained."

When Fang Aoqin heard Wen Ran say this, he smiled slightly and said: "Witness, what do you mean is that if the defendant's current personality kills someone, it is the master personality who makes this crazy personality appear and do it, and then, the master personality has all the memories, including the pictures and sounds when he kills people, is this what he means?" ”

Wen Ran nodded slowly, and Fang Aoqin then asked, "Then can I think that the defendant's master personality let this crazy personality do it in order to enjoy the audio-visual sensation of killing?" ”

"Objection, the prosecutor has no substantial evidence to charge my client and is attempting to mislead the jurors."

Qi Nian nodded, and said slowly: "The opposition is valid, the prosecutor's remarks just now do have the meaning of deliberate guidance, jurors, please forget the prosecutor's last question just now, you don't have to answer the witness." Do you have any questions, prosecutor? ”

"Not for the time being, Your Excellency."

Sima Qiqi stood up at this time and looked at Wen Ran and asked, "Witness, you just said that the main personality can choose which personality appears, or the main personality always appears, is it possible that other personalities occupy the body?" ”

"Yes, sleep. When the personality is asleep, other personalities can take over the body, and even if the personality wakes up, it cannot immediately take it back. ”

"In other words, once the master personality falls asleep, the other personalities rob the body, and the master personality can't stop it from doing anything?"

"Yes, so to speak."

Sima Qiqi smiled slightly, looked at Qi Nian and said: "Your Excellency, the answer of the witness just now is that the main personality is the first personality that dominates the body, and in the case of the existence of the main personality, the body is not controlled by the thoughts of the main personality, which should legally belong to the description of a person with incomplete civil capacity. ”

When Qi Nian heard Sima Qiqi say this, he couldn't find any reason to object for a while, Fang Aoqin slowly stood up and said, "Your Excellency, please wait, we request to present evidence No. 13 of the prosecution in court." ”