How to sentence a newborn girl who was dropped from the 13th floor by her mother in 2017
4hw.org: as the saying goes, tigers don't eat their children. What's more, a living person. Recently, a tragedy happened in a community in Xi'an. Before the umbilical cord of a newborn baby was cut, his mother fell off the building and died on the spot. What's the matter? How to sentence the abandoned baby in 2017? Let's have a look!
At about 9 a.m. yesterday, the residents were exercising in the small square north of a high-rise building in Xianghe community, Beichen Avenue, Xi'an city. Suddenly, they heard a sound of "thumping". Something fell from the high-rise building and fell into the green belt at the gate of unit 2.
Curious residents ran to see it and immediately shouted out. It turned out that it was a baby without any clothes, with blood on her shoulders and a cord about 10 cm long in her navel. After a resident called the police, the local police station and 120 emergency vehicles rushed to the scene. It was confirmed that it was a baby girl who had just been born and died. Immediately, the dead baby girl was taken away. The police cordoned off the scene and launched an investigation.
It is understood that this is a settlement area. The building involved is 21 stories high and has 2 units. Residents on the 12th floor said they saw the baby falling from the air, so many people speculated that the baby girl should have been thrown down from above the 12th floor.
In order to find the family members of the baby girl, the police once brought the help of the police dog, and found the person who unlocked the company. At the right time, they had to force the door to be unlocked.
At about 3 p.m. yesterday, when the reporter of the Chinese business daily arrived at the community, the police were still on the spot, and many people gathered in the small square to discuss the matter.
"No one has been pregnant recently?" the elevator lobby can be accessed from the West and north of the building. Residents said that after the baby girl was thrown down, the family members may have left the unit entrance and exit in the West.
At about 5 p.m., the police left the scene. The reporter learned that after investigation, we have found the family members of the baby girl, who are residents on the 13th floor. The family usually lives with both mother and daughter. The mother said that she heard her daughter saying that she had a stomachache in the morning and didn't know she was pregnant and had a baby. After the incident, the daughter has left.
It is understood that this woman, 35 years old, is unmarried and has no job. She seldom contacts with other residents at ordinary times. Whether the baby girl was born dead or thrown to death is still uncertain. At present, police are looking for the woman.
Wang Haogong, a lawyer from Shaanxi Haogong law firm, said that if a baby is born with vital signs, whether illegitimate or married, it has the right to survive. If it is thrown down, whoever throws it will be suspected of intentional killing. And if the suspect has a mental illness, it's another matter.
What is the crime of abandoning a baby?
"Crime of abandonment" means refusing to raise an old, young, sick or other person who does not have the ability to live independently, if the circumstances are flagrant, he shall be sentenced to fixed-term imprisonment of not more than five years or public surveillance.
Specifically, a bad circumstance refers to one of the following circumstances:
(1) serious injury or death of the victim due to abandonment;
(2) the victim has no life, is displaced and is forced to beg along the street due to being abandoned;
③ the victim is forced to commit suicide due to abandonment;
(4) the perpetrator repeatedly educates and refuses to correct, thus putting the victim's life in a critical situation;
(5) the abandonment means are very bad, such as beating and abusing in abandonment.