Lawyer's character

Just when the presiding judge thought Meng Guangda had finished speaking and reminded him, Lao Meng spoke again: "2. The defendant Gao Peili meets the conditions for probation.

First, from the subjective viciousness analysis of the defendant Gao Peili's crime in this case, the reason for his intentional homicide was that he could not bear the long-term abuse and domestic violence of the victim. He was motivated by long-term grievances and the fear that he might suffer abuse and violence again in the future. The viciousness is much less than that of ordinary murders, and the victim is at major fault.

Second, the defendant Gao Peili has the circumstances to surrender. Surrender itself is a statutory lenient and mitigating circumstance. The defendant Gao Peili's social harm and personal risk are relatively small, and suspending his sentence will not cause harm to society.

In addition, Gao Peili's behavior has been forgiven by society and has received sympathy from public opinion. The local government, the 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 care, and his son suffers from congenital heart disease and needs care.

To sum up, the defender recommends that the defendant Gao Peili be sentenced to three years in prison and suspended, and he implores the court to adopt the defender’s opinion. complete. "

Meng Guangda's defense was so impassioned that after finishing his speech, he could not calm down for a long time.

"The prosecutor can respond to the defender's defense opinions," the presiding judge said.

"Presiding Judge, Judge: Regarding the defense of the defender, we express the following views:

The public prosecutor believes that how to determine that the circumstances in this case are minor are not clearly stipulated in the current laws and judicial interpretations. Although the victim was at fault, the defendant killed the victim by hammering him while he was sleeping. The method was cruel and it was inappropriate to kill him. The behavior was deemed to be 'minor'. complete. "

The female prosecutor was also very conflicted. Emotionally, she sympathized with the defendant and complained about the domestic violence the defendant had suffered for a long time. But intellectually, this was her duty and she had to do this.

“The defender can respond to the prosecutor’s opinions,” the presiding judge said.

“Based on the prosecutor’s defense opinions and response, the defender issued the following defense opinions:

Currently, the currently effective laws and judicial interpretations do not have clear provisions on how to identify “less serious circumstances” in this case.

However, in this case, the victim was obviously at serious fault, and there is a legal basis for treating the "victim's serious fault" as a "lesser circumstance" in the crime of intentional homicide.

In the criminal law theories of Western countries, there are the ‘responsibility sharing theory’ and the ‘denunciation reduction theory’. The "shared responsibility theory" holds that in some crimes, the victim's faulty behavior prevents the occurrence of the crime or the harmful consequences of the crime from being entirely attributed to the defendant.

The theory of “reduce blameworthiness” holds that in some crimes “the victim’s behavior before the crime occurs, whether it should be condemned or not, as long as the behavior promotes the defendant’s violent reaction, then the defendant’s blameworthiness should be appropriately reduced.

In relevant judicial explanatory documents, the victim's fault has been clearly stated as an important consideration in sentencing. Especially in the crime of intentional homicide, the victim's fault is listed as a sentencing factor at the same level as statutory mitigating circumstances.

The "Minutes of the National Court Symposium on Criminal Trial Work to Maintain Rural Stability" issued by the Supreme People's Court on October 27, 1999 stipulates that whether the death penalty is imposed for the crime of intentional homicide depends not only on whether the death of the victim was caused, but also on the comprehensive consideration of the circumstances of the case. All situations. 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 and executed immediately.

Article 18 of the "Several Opinions of the Supreme People's Court on Providing Judicial Guarantees for the Construction of a Socialist Harmonious Society" issued on January 15, 2007 clearly stipulates that...cases arising from the wrongful conduct of the injured party should be cautious and the death penalty should be executed immediately.

To sum up, the defender believes that the defendant in this case has suffered from domestic abuse for a long time. The existing case and medical records are more than half a foot thick and lasted for four years. If it were not for the financial conditions of the victim’s family, the defendant’s diagnosis certificate There will be more.

This shows that the victim’s domestic violence against the defendant was long-term and cruel, which directly led to the defendant’s torture and murder of her husband.

Although there are no clear provisions in the law and judicial interpretations, the popular will and the applicable legal provisions of dogma are not suitable in this case. The defender believes that the defendant's behavior should fall into the "lesser circumstances" of intentional homicide. We implore the court to impose a suspended sentence on 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 torture and murder of her husband has attracted widespread public attention, not only the media were present at today's court hearing, but the court also invited RD representatives and ZX members to participate in the hearing.

Before the trial, Meng Guangda had been notified, requiring him 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 more restrained when expressing his defense opinions, and has also revised his defense opinions.

After the case was heard, the collegial panel did not announce the verdict on the same day, but chose to announce the verdict on another day.

Because the case was relatively sensitive and the verdict had not yet been announced, Meng Guangda immediately returned to the law firm after leaving the court without accepting any interviews.

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

Meng Guangda was startled, then smiled. He understood that what Yu Wendong said was not that the defense opinion was incomplete, but that it was a little meaningless overall. It would be difficult to find out if you don't understand Meng Guangda's defense style.

"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 would chat with Meng Guangda for more than half an hour before the trial. This was because they were afraid that the master would get too excited and start firing, which would affect the entire trial of the case.

"I have previously studied foreign cases related to 'Battered Women's Syndrome'. 'Battered Women's Syndrome' can exist as a cause of crime in the judicial practice of the United States, and defense lawyers will use this theory to support battered women." A woman's act of killing her husband constitutes legitimate defense, and she can also claim a mental disorder defense on this basis, thereby making a defense opinion favorable to the defendant.

But we can’t do that here. Sometimes the problem is not with the legal terms, but with this. "Meng Guangda pointed to his head when he said this.