Lawyer

Just when the presiding judge thought Meng Guangda had finished speaking and reminded him, Lao Meng spoke again: "Second, the defendant Gao Peili meets the conditions for probation.

First, from the analysis of the subjective viciousness of the defendant Gao Peili’s crime, the reason for her intentional homicide was that she could not bear the victim’s long-term abuse and domestic violence. The viciousness is much less than ordinary homicide, and the victim has major faults.

Second, the defendant Gao Peili surrendered herself.Surrender itself is a legally lenient and mitigated punishment.Defendant Gao Peili's social harm and personal danger are relatively small, and her suspended sentence will no longer endanger society.

In addition, Gao Peili's behavior has been forgiven by the society and received sympathy from public opinion.The local government, women's federation and more than 700 people demanded a lighter punishment for Gao Peili.

Third, the defendant Gao Peili still has a minor child who needs to be taken care of, and her son suffers from congenital heart disease and needs someone to take care of her.

In summary, the defender suggested that the defendant, Gao Peili, be sentenced to three years in prison with probation, and I implore the court to accept the defender's opinion.complete. "

Meng Guangda's defense was so impassioned that he couldn't calm down for a long time after he finished speaking.

"The public prosecutor can respond to the defences of the defenders," the presiding judge said.

"Presiding judge, judge: Regarding the defender's defense, we express the following views:

The public prosecutor believes that there is no clear provision in the current law and judicial interpretations on how to determine that the circumstances in this case are relatively minor. Although the victim was at fault, the defendant killed the victim by hammering him while he was sleeping. Behavior identified as 'minor'.complete. "

The female prosecutor was also very conflicted. Emotionally, she sympathized with the defendant and complained about the long-term domestic violence suffered by the defendant, but intellectually, she had to do so because of her duty.

"Defenders can respond to the public prosecutor's comments," the presiding judge said.

"Based on the Prosecutor's Defense Opinion and Responses, the Defense Counsel issued the following Defense Opinion:

The currently effective laws and judicial interpretations do not have clear provisions on how to determine the "lighter circumstances" in this case.

However, in this case, the victim was clearly at fault, and there is a legal basis for treating the "serious fault of the victim" as the "lighter circumstances" of the crime of intentional homicide.

There are "responsibility sharing theory" and "blame reduction theory" in the criminal law theory of western countries. "Responsibility sharing theory" believes that in some crimes, the victim's fault behavior makes the occurrence of the crime or the harmful consequences of the crime cannot be completely attributed to the defendant.

The 'Reduced Responsibility Theory' believes that in some crimes, "the victim's behavior before the crime, whether or not it should be condemned, as long as the behavior promotes the defendant's violent response, the defendant's culpability should be appropriately reduced.

In the relevant judicial interpretation documents, the victim's fault has been clearly regarded as an important consideration in sentencing, especially in the crime of intentional homicide, the victim's fault is listed as a sentencing circumstance at the same position as the statutory mitigating circumstances.

On October 1999, 10, the Supreme People's Court issued the "Minutes of the National Court's Symposium on Maintaining Rural Stability in Criminal Trials", which stipulates that whether to impose the death penalty on intentional homicide depends not only on whether the death of the victim is caused, but also on the circumstances of the case. the whole situation.For intentional homicide crimes caused by intensified civil conflicts such as marriage, family, and neighborhood disputes, the application of the death penalty must be very cautious, and it should be differentiated from other intentional homicide crimes that seriously endanger public order in society.If the victim has obvious fault or is directly responsible for the intensification of the conflict, or the defendant has statutory circumstances for a lighter punishment, the death penalty should generally not be imposed immediately.

Article 2007 of the "Several Opinions of the Supreme People's Court on Providing Judicial Guarantees for the Construction of a Socialist Harmonious Society" dated January 1, 15 clearly stipulates that the death penalty should be used with caution and executed immediately in cases caused by the wrongdoing of the injured party.

In summary, the defender believes that the defendant in this case has suffered domestic abuse for a long time, and the existing medical records and medical records can reach more than half a foot thick, and it has lasted for four years. There will be more.

This shows the long-term nature and cruelty of the victim's domestic violence against the defendant, which also directly led to the occurrence of the defendant's torture and killing of her husband.

Although there are no clear provisions in the law and judicial interpretations, but the will of the people, the dogmatic applicable legal clauses are not suitable in this case. The defender believes that the defendant's behavior should belong to the "lesser circumstances" of the crime of intentional homicide.I implore the court to apply probation to the defendant in accordance with the law.complete. When Meng Guangda responded, he kept suppressing the indignation in his heart.

……

Because the case of Gao Peili's abuse and murder of her husband has aroused widespread public attention, not only the media, but also the court invited RD representatives and ZX committee members to participate in the trial today.

Before the trial, Meng Guangda had been notified to pay attention to his language and emotions when speaking. Wan Kefa and Fang Yi even chatted with him for more than half an hour.

Meng Guangda is not a young man, and understands what this means, so he has been relatively restrained in expressing his defense opinions, and has revised his defense opinions.

After the trial of the case ended, the collegial panel did not announce the verdict on the same day, but chose to pronounce the verdict on another day.

Because the case is sensitive and the verdict has not yet been pronounced, Meng Guangda returned to the law firm immediately after leaving the court and did not accept any interviews.

"Master, I always feel that something is missing in your speech today." Yu Wendong sat at his desk and asked in a low voice.

Meng Guangda was startled, then laughed. He understood that what Yu Wendong said was not that the defense was incomplete, but that it was almost meaningless on the whole. If you don't know Meng Guangda's defense style, it is difficult to find out.

"Yuwen, sometimes, we can't always care about our own happiness... In fact, it's good if we can achieve the effect." Meng Guangda gave him a meaningful look.

Yu Wendong thought for a while, and seemed to understand why Boss Wan and Boss Fang talked with Meng Guangda for more than half an hour before the trial, because they were afraid that the master would say hello and fire, which would affect the trial of the whole case.

"I have studied foreign cases related to 'battered woman syndrome' before, 'battered woman syndrome' can exist as a cause of crime in the judicial practice of the beautiful country, and defense lawyers will use this theory to support abuse A woman’s act of killing her husband constitutes justifiable self-defense, and based on this, she can also claim the defense of mental disorder, so as to make a defense opinion in favor of the defendant.

But we can't do it here. Sometimes the problem is not in the legal terms, but in here. " Meng Guangda pointed to his head at this point.