施美丽故意杀人案,上海市崇明县人民法院 (People's Procuratorate of Chongming County v. Shi)

On May 20, 2014, the defendant used a hammer to strike her husband’s head three times. She then asked her son to send her husband to hospital where he died. The Court found that throughout their marriage, the deceased often beat and abused the defendant. The day before the incident, the deceased beat the defendant for a long period of time. At approximately 5:30 AM the following day, the defendant, due to the history of abuse, decided to kill her husband. During the trial, multiple witnesses testified to the deceased’s long history of domestic violence. A letter signed by more than 100 people, including close relatives of the deceased, also confirmed that he had abused the defendant over a long period of time. The Court held that the defendant’s conduct qualified as murder. However, because her motive was her husband’s long history of domestic violence, the victim himself was also culpable. Because the defendant had little possibility of recidivism and because there was strong public sympathy for the defendant, the court sentenced her to four years imprisonment. She was due to be released on May 21, 2018. On August 29, 2017, Shanghai No. 1 Intermediate People’s Court ordered her release on parole.

家庭暴力

2014年5月20日,被告人使用榔头击打其丈夫张某某的头部三次。被告让儿子将张某某送至医院,张某某经医院抢救无效死亡。法院查明,在婚后,被害人经常打骂被告人。事发当天,被害人曾长时间殴打被告人。5月20日凌晨5时30分许,被告人因为长期遭受被害人打骂,遂起杀害张某某之意。庭审时,多位证人证明张某某的长期家庭暴力行为。100余人的请愿书也证明了此家庭暴力行为。法院认为,被告人的行为构成故意杀人罪。但是被害人也因为对被告人的长期家暴行为存在重大过错。因为被告人再犯可能性较小,并受到民众高度同情,法院判决被告人有期徒刑四年。被害人的羁押将于2018年5月21日截止。2017年8月29日,上海第一中级人民法院判决被告人假释。

Year 

2014

Jurisdiction 

Avon Center work product