Lawyer's character

"Why didn't you stop them when they entered the house that night and call the police?" The female prosecutor felt sympathy for Shi Yalan.

"That night, when a woman saw her man lying on the same bed with another woman in her own home, do you know how she felt?" Shi Yalan asked without answering.

When she looked at the female prosecutor, she was surprisingly calm. When she spoke, her eyes were as calm as water, without any ripples, which made people feel inexplicably timid.

The male prosecutor next to the female prosecutor was about to interrupt Shi Yalan's speech, but was stopped by the female prosecutor, who did not speak.

"I tell you, it's a disappointment, a complete disappointment. The family relationship that I tried so hard to maintain has collapsed... I can't see any hope. What can a woman who can't see any hope do?" Shi Yalan said at this time. The sound went up an octave.

Shi Yalan did not have an attack as the presiding judge imagined, but gradually calmed down again.

When a person is extremely angry, he can actually control his emotions and return to normal little by little. How many people can do this? !

This is the transformation of Shi Yalan. Even Shi Rong, who is sitting in the auditorium, feels a little strange to the daughter he has raised for more than 20 years in the dock. The daughter now is no longer the frail girl before, but She has become a stranger, maybe her daughter has really grown up.

"What did you do after killing two people?" The female prosecutor continued to perform her duties.

"I threw them into the vegetable cellar in the courtyard, and found gasoline the next day to burn their bodies. Later, someone called the police." Shi Yalan said calmly.

"Presiding judge, I'm done asking." The female prosecutor stopped asking questions.

"Appellant Shi Yalan's defender asked." The presiding judge looked at Fang Yi.

"Appellant, how is your relationship with your husband, the victim Qi Qingshan?" Fang Yi asked.

"Not good." Shi Yalan replied.

"To what extent?" Fang Yi asked.

"She often beat and scolded me and burned me with cigarette butts." As she spoke, Shi Yalan rolled up her sleeves and raised her arm high: "He burned me in five places with cigarette butts on this arm."

After saying that, Shi Yalan switched to another arm: "This arm was burned in eight places by him with a cigarette butt. I also have burns on my body. In the summer, I can only wear long sleeves. I'm afraid that others will see me and be caught." joke."

After saying that, Shi Yalan turned her head and said: "The scar on my ear was hit by him with a belt. There are more than thirty scars on my body, and many of them have grown in and cannot be seen.

The most serious time was when I was beaten and hospitalized for more than half a month. My parents called me and asked us to go back for dinner. I could only tell them that I was on a business trip and was not in the city..."

At this time, Shi Yalan closed her eyes, tears streaming down her face: "I endured it, and I also called the police, but in the end..., I can only rely on myself for some things. I really can only rely on myself."

There was silence in the courtroom.

"Presiding Judge, the defender has finished asking questions." Fang Yi said.

After listening to Shi Yalan's words, Fang Yi felt that his goal had been achieved.

Yes, his purpose in doing this was to let everyone in the gallery hear what happened to the appellant. It is one thing to read reports, but it is another thing to hear the appellant say it in person in court. It feels like Absolutely different, the anger at the scene heightened everyone's sympathy for the appellant to the extreme. Let everyone understand that although the appellant was wrong to kill, the victim was also extremely at fault. As the saying goes, a slap cannot make a difference.

"Do the prosecutors, defenders, and appellant have any new evidence to submit?" the presiding judge asked after a moment.

"No." All three parties said.

…

“The court investigation is over and now the court arguments will begin.

Before the debate, the court drew the attention of both the prosecution and the defense that the debate should mainly focus on determining guilt, sentencing and other controversial issues. Let me first give the floor to the appellant. "The presiding judge looked at Shi Yalan.

"Presiding Judge, Judge: I have been tortured and beaten for a long time, and I have accumulated too much grievances in my heart because of my patience.

On the night of the incident, because of my cowardice and fear of my husband, I had been patient, but my husband and the victim, Jian Lanlan, went further and openly kicked me out of the back room where I slept, and they slept together in front of me. .

I could no longer suppress the anger in my heart, so I killed two people in a row... I begged the court to give me a lenient punishment. "Shi Yalan's calm eyes filled with tears as she read the defense opinion in her hand.

The defense opinion was compiled by herself based on what Fang Yi said when he last met her.

"Next, the defender of the appellant Shi Yalan will speak." The presiding judge looked at Fang Yi.

"Presiding judge, judge: The defender believes that although the appellant Shi Yalan killed two people in a row, which constituted intentional homicide, the victim had serious faults. The appellant's killing behavior was caused by being provoked by the two defendants. The appellant did not Should be sentenced to death. The specific reasons are as follows:

Article 48, paragraph 1, of the Criminal Law stipulates that the death penalty is only applicable to criminals who have committed extremely serious crimes. If a criminal who should be sentenced to death is not required to be executed immediately, he may be sentenced to death and suspended for two years.

In addition, in October 1999, the Supreme People's Court issued the "Minutes of the National Court Symposium on Maintaining Rural Stability and Criminal Trial Work."

The minutes pointed out, ‘It is necessary to accurately grasp the standards for the application of the death penalty for intentional homicide crimes. Whether to impose the death penalty for intentional homicide must not only determine whether the death of the victim was caused, but also consider all the circumstances of the case.

For intentional homicide crimes caused by the intensification of civil conflicts such as marriage, family, neighborhood disputes, etc., the application of the death penalty must be very cautious and should be distinguished from other intentional homicide crimes that occur in society and seriously endanger social security.

If the victim has obvious fault or is directly responsible for the intensification of the conflict, or the defendant has statutory lenient punishment circumstances, the death penalty should generally not be imposed immediately. ’

In this case, the victim Qi Qingshan often beat and abused the appellant Shi Yalan without any reason during his lifetime. According to the facts ascertained by the court of first instance, Qi Qingshan often used cigarette butts to burn the appellant under pretexts. He once pinned Shi Yalan to the ground and beat her many times for domestic chores. In the most serious incident, Qi Qingshan broke Shi Yalan's ribs without any reason. He was hospitalized for more than ten days.

At the same time, as a married man, Qi Qingshan often took the opportunity of taking photos to fool around with some young women in society and have improper sexual relations.

Qi Qingshan's appeal seriously violated the legitimate rights and interests of the appellant Shi Yalan, caused Shi Yalan physical and mental harm, and also buried resentment in Shi Yalan's heart. "

In the courtroom, everyone listened quietly.