What should I do if Xiaoming cut melon?Can the video be used as evidence?

Chuanguan News reporter Zhang Tingming

On the evening of August 26, the actor Wang Dong's wife posted a video with a personal Weibo account to accuse Wang Dong's family violence. In the video, not only Wang Dong jumped up, but also used tools such as his feet, picked up the baby bed board and other tools, holding her neck and other plots, but also a picture of Wang Dong's wife's body injured in multiple injuries. Wang Dong posted a Weibo apology on August 27.

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How to define domestic violence? What should I do if they encounter domestic violence? Can the video be used as evidence of domestic violence? Will the violence of domestic violence face such a penalty? On August 28, Kawaguan Journalist Xiaoming invited Lawyer Zhong Wenwen, executive director of the Sichuan Unmanned Law Firm, and the chief lawyer of the Lawyer of Sichuan Diyan Law Firm, and the principals of the Lawyer team of Ningyang Legal knowledge behind.

How to define domestic violence? What evidence should be collected if they encounter domestic violence?

Lawyer Zhong Wen told reporters that in accordance with the definition of the "Anti -Family Violence Law of the People's Republic of China", domestic violence refers to the physical and spiritual body and spirit of fighting, binding, harming, restricting personal freedom, and regular abuse, and intimidation among family members. Waiting for infringement. In short, domestic violence includes mental violence and physical violence, restricting personal freedom, intimidation, threats, etc. "But because of domestic violence, it has the characteristics of concealment, randomness, etc., resulting in difficulty and difficult evidence."

However, this does not mean that the victim has no way to obtain evidence. Lawyer Zhong Wen introduced that, in general, the victims of domestic violence can pay attention to collecting the following five types of evidence to prove that the facts of domestic violence have occurred:

First, the legal documents of the public security organs. The recording of the police to the public security personnel and the inquiry transcripts of public security personnel are important evidence of identifying domestic violence. Inquiry can reflect the time, place, parties, the cause, degree of family violence, and processing results of the incident. If the plot of domestic violence is mild and punishment for public security management according to law, the public security organs will give the victims to criticize education or issue warning books. The warning can be used as a direct evidence of domestic violence.

Second, the written materials of relevant agencies. When the victim encounters domestic violence, the village (resident) civil committee, the women's federation, the shelter and the unit, and the organization shall be asked to stop, discourage, and mediate. The written materials produced by these institutions can be submitted as evidence. When necessary, the victim can also apply for investigations to obtain evidence to collect evidence from the people's mediation organization, women's federation, village (neighborhood) committee and other organizations in accordance with their duties.

The third is the witness testimony of the people around. Except for the parties, the testimony of their adult children, the cognitive minor children and neighbors also issued the testimony of domestic violence.

The fourth is audiovisual information.

Fifth, written evidence. For domestic violence, if the two parties negotiate to resolve, the victim may ask the victim to issue a written regret and guarantee, or conduct recording and video. Repentance, guarantee, etc. can be used as written evidence. The diagnostic suggestions issued by psychological counseling or treatment institutions, the medical records and photos of the hospital can also be used as evidence of identifying domestic violence.

“这里值得注意的是，如前文所说，视听资料（即是音频和视频）是可以作为证据的。但是，按照我国相关规定，需要其他证据相互印证才能被认可。” 李溪律师告诉记者， Generally speaking, video and audio evidence mainly refers to electronic information such as chat history and audio videos of both parties, such as the other party's recognition of videos of domestic violence and videos of damage.

In terms of how to defend their rights, lawyer Li Xi also provided alarm, asking for help from the Women's Federation, a personal protection order from the court, and prosecution of divorce.

What kind of punishment will domestic violence be faced?

What kind of punishment will domestic violence be faced? "According to the degree of domestic violence, it may face two types of punishment of criminal and administrative." Lawyer Li Xi introduced that in terms of criminal punishment, if the related behavior of domestic violence constitutes intentional injury, and even the crime of intentional homicide, the perpetrator will face the highest sentence to be the highest sentence to be the highest sentence. Criminal punishment for death penalty. In terms of administrative penalties, they will be detained or warned.

Lawyer Li Xi further explained that the "Civil Code Marriage and Family Editor · Judicial Interpretation (1)" clearly stipulates that continuous and regular domestic violence can be identified as "abuse". According to Article 260 of the Criminal Law, those who abuse members of the family have a bad case, and they will be sentenced to imprisonment, detention or control of less than two years; if the victims are seriously injured and died, they will be sentenced to less than two years and seven years.

If the perpetrator causes serious physical injury to the victim, and even deprives the victim's life, according to the relevant provisions of the Criminal Law, the behavior may still constitute the crime of intentional injury, and even the crime of intentional homicide. Criminal punishment.

If the relevant plot of the family atrocities does not commit crimes, it will be detained or warned, that is, administrative penalties. Lawyer Li Xi told reporters that if the degree of domestic violence does not meet the criteria for the identification of intentional injuries and does not constitute a crime, the abuse of family members in accordance with the "Penalty Management Punishment Law of the People's Republic of China" and the abandoned person is required; The support of the supporter will be detained or warned for less than five days.

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