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The country’s first adoption of the anti-domestic violence expert witness opinion

Release Date:2019-03-12    Source:admin
Wenzhou one killer woman was sentenced to five years from a light sentence
A few days ago, the Intermediate People's Court of Wenzhou City, Zhejiang Province publicly tried the defendant Yao Mou's death case. In court, he was sentenced to five years in prison for intentional homicide. The judgment has taken effect in the near future.
This is the first national opinion to adopt anti-domestic violence expert witnesses, and the judgments made in Article 20 of the two opinions of the two high-level "Opinions on handling domestic violence crimes according to law" are applicable.
The court found through trial that the defendant and the victim had been beaten by the victim for more than ten years, and the victim’s beating of the defendant was aggravated after the affair. At noon on August 16, 2014, the victim again beat the defendant and filed a divorce that night and forced the defendant to bear the support of two minor children. In the case of desperate helplessness and resentment, the defendant slept the victim and slept the victim's head and neck with a steel pipe and a kitchen knife, causing him to die on the spot.
At the request of the defending party, the court invited a person with specialized knowledge as an expert witness to the court to accept the inquiries from the three parties. Chen Min, an expert witness and researcher at the China Institute of Applied Law, provided the following professional advice: Domestic violence usually manifests as physical violence, mental violence and sexual violence. The core of domestic violence is control, that is, violence is not an end in itself, but a means by which the violent party takes the purpose of controlling the victim. Even if the perpetrator forces the victim to divorce, it is to control the victim and obey the victim. Victimized women often commit suicide or kill the perpetrators because they are unable to endure long-term domestic violence. In order to avoid more serious violations, the victimized woman will still take extreme measures to put the violent person to death in the event that the perpetrator has temporarily lost the ability to resist. The injurious behavior of the victimized woman is generally only directed at the perpetrator. After the perpetrator disappears, it will no longer be harmful to others.
The collegiate bench combined with the expert witnesses of anti-domestic violence believes that the accused is a battered woman who has been murdered by the long-term domestic violence. The killing of the victim by the above means is mainly to prevent the victim from being killed more seriously. Violent retaliation, so the crime is not particularly bad, and the means of committing crimes are not particularly cruel. According to the Opinions of the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, and the Ministry of Justice on the handling of domestic violence crimes in accordance with the law, The provisions of the article shall be deemed to be "slightly less serious" in the intentional murder as stipulated in Article 232 of the Criminal Law. In addition, the accused has a self-confidence plot; the victim’s parents expressed their understanding to the accused. Considering that there are still four children who need to be raised, the defendant is given a relatively modest penalty.
After the verdict was pronounced, the defense did not appeal, the prosecution did not protest, and the family of the victim expressed obedience to the court decision and the judgment had entered into force.