How to sentence a girl who is abused by her mother to death, abused by a child to death?
4hw.org: as the saying goes, tiger poison doesn't eat children. Every child is a treasure in the hands of parents. But there is such a mother who abused her two-and-a-half-year-old daughter alive to death. The means of abuse is even more heinous. Let's have a look!
But today's case is a little anti natural and anti human. The biological mother maltreated her 2.5-year-old daughter to death.
Yesterday morning, the people's Court of Jianggan District of Hangzhou held a public hearing to hear the appalling case. Throughout the trial, Wang Mou, 33, the defendant in this case, was tired and sobbed, rarely answering questions.
Appraisal results show that Wang has no mental problems.
Why does she want to kill her daughter? Let's start from the scene of the court session.
Case after
Being abused by mom in the paint bucket
Two year old girl was beaten to death many times
At the scene of the court, the reporter of Qian newspaper learned the original cause of the case through the indictment read by the prosecutor.
On February 29 last year, Yuanyuan, the victim's grandparents, left his hometown in Hubei Province and came to Hangzhou to live with his parents and sisters. They lived in a rented house in Jianqiao, Hangzhou.
Yuanyuan is 2 years old, elder sister is 6 years old (she has been in kindergarten). Her father works as a water electrician in Hangzhou. Her mother has no job and takes her children at home.
The original intention of parents is to receive Yuanyuan to go to Hangzhou to study in kindergarten and receive better education. I didn't expect & hellip; & hellip;
Prosecutors said that since Yuanyuan came to Hangzhou, Wang often abused Yuanyuan by dirtying her clothes and pants, crying and dozing, scolding, twisting her mouth and beating her body for a long time.
On June 24 last year, Yuanyuan once again pulled the stool on his pants. Wang first slapped his face. The child stumbled to the ground and hit his head on the air-conditioning pipe. Then the child was carried to the toilet by his mother and forced into a paint bucket. Mother turned on the tap, the child struggled violently, Wang Mou pressed her shoulder. Finally, with a crash, the child fell on his back with a bucket.
On June 27, Yuanyuan ate lollipop and soiled her clothes. Her mother rushed up and bit her lips. On the morning of June 28, Yuanyuan dozed off and her mother slapped her in the face. At noon, my mother woke up from her nap and found her daughter lying on the ground. Something was wrong.
When the emergency doctor arrived, the child's ECG was in a straight line. Doctors in the emergency department of the provincial people's hospital found bruises on her head, face, chest and body during the emergency treatment, and suspected abnormal death. The alarm is then selected.
As for the prosecutor's accusation, Wang replied: 'I just thought she was going to kindergarten and wanted to discipline her. '
In addition, the prosecutor also issued witness testimony, confirming that the eldest daughter was also abused by Wang.
Court trial
One month before the child died, he was beaten for intracranial hemorrhage
The relatives of the auditorium wept and mourned
Yesterday's auditorium was almost full. Besides the media, many of them were relatives of the defendant Wang.
During the trial, when the public prosecutor accused the defendant, the prosecutor read: "in the picture, she has a chubby face and long eyelashes on her closed eyes. She looks like you (referring to the mother in the dock), but now she is lying on the cold dissecting table with her small body covered with scars & hellip; & hellip; 'the audience seat is moved.
How many injuries do children have? The cause of death is also a focus.
Zhou Lihong, director of the forensic Department of the criminal investigation branch of Hangzhou Public Security Bureau, did the autopsy for the child. Recalling the case, she blurted out: 'there are many injuries to the child. '
Through autopsy, Zhou Lihong found that there were many scars on the child's body and nine on the head. These scars are not on the same plane, and the degree of old and new is different. She said the child died of multiple subarachnoid hemorrhage (intracranial hemorrhage) caused by blunt external force. And this external force is repeated many times.
It is worth mentioning that the father of the child said in the record that the child likes to doze off one month before his death and often rolls his eyes. The defendant Wang Mou said in the court that the child likes to doze off, and dozing is one of the reasons why she started.
Zhou Lihong said: 'that's right. One of the symptoms of subarachnoid hemorrhage is drowsiness. If the child is sent to a doctor in time at the beginning of symptoms, it can be saved in general. '
As a witness, Wang's cousin told the police that her cousin had no culture and was in the first grade of primary school because of her heart attack. Because of heart disease, it's very hard to have a baby, especially a second daughter, and even risked her life.
The father of the child couldn't help crying on the back of the front seat when he talked about the death of Yuanyuan. 'my wife became very grumpy after giving birth to a child, and our husband and wife often quarreled because she beat and scolded the child excessively. But I'm a water electrician. I often go out at six in the morning and don't come back until seven or eight in the evening. "At this point, the man, who is more than ten years old than his wife Wang, wept again.
Thinking questions
Sentence or probation
The judge would like to hear your opinion
Prosecutors believe that Wang's assault on his daughter is serious and cruel, which has constituted the crime of abuse. The legal sentence is 2-7 years.
Wang's defense lawyer stressed that when a mother killed her child, she learned a lot from her heart. If she was sentenced to prison, what would she do. In addition, Wang's husband also submitted a letter of understanding to the court.
Yesterday, Jianggan District Court did not make a judgment in court. The judge said that the prosecutor and the lawyer had opposite opinions on how to judge, whether Wang should be punished for his actions or given that his eldest daughter still needs a mother and Wang should be given a reprieve. Even if the sentence is suspended, education and psychological experts are also needed to assist in the custody of the child How to sentence child abuse to death?
China's Constitution clearly stipulates that children are protected by the state, and child abuse is prohibited, and the crime of abuse is stipulated in the criminal law. When the circumstances of child abuse reach a certain degree of severity, criminal punishment will be given. The crime of maltreatment refers to the behavior of physically and mentally destroying and persecuting the family members living together by beating and scolding, binding, freezing and starving, restricting their freedom, insulting their personality, refusing to treat their diseases or forcing them to do excessive labor, etc., and the circumstances are abominable
In general, child abuse is considered a crime of abuse. Article 260 of the criminal law of our country stipulates the crime of maltreatment: whoever maltreats family members, if the circumstances are flagrant, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance. Whoever commits the crime mentioned in the preceding paragraph and causes serious injury or death to the victim shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years. The first section of the crime shall be dealt with only when it is told.
It can be seen from the provisions of Article 260 of the criminal law that the crime of maltreatment is easily confused with the crime of intentional homicide and the crime of intentional injury. In judicial practice, when it is difficult to determine whether a certain act constitutes a crime of abuse or a crime of intentional homicide, the boundary between them is generally distinguished from the subjective intention. The subjective aspect of the crime of abuse is intended to physically and mentally destroy and torture the victim; the subjective aspect of the crime of intentional homicide is intended to deprive others of their lives.