In March last year, Xiaoting, a migrant worker in Beijing, gave birth to a baby girl in her dormitory and threw the baby girl into the garbage from the second floor window. The baby girl was found by the cleaner and sent to the doctor. This morning (April 25), Xiaoting was tried in Chaoyang District People's Court of Beijing on suspicion of intentional homicide. The court sentenced her to two years' imprisonment and three years' probation for intentional homicide.
It is understood that Xiaoting was just 21 at the time of the incident. Xiaoting told herself that she dropped out of school on the second day of junior high school. Later, she worked in Beijing and worked in a seat set processing factory. At about 8 a.m. on March 16 last year, Xiaoting gave birth to a baby girl in her company dormitory in Laiguangying Township, Chaoyang District. Without any cleaning and wrapping for the newborn, Xiaoting throws the naked baby girl from the window of the second floor corridor of the dormitory to the first floor garbage heap. About an hour later, a cleaning worker found the baby girl and called the police. After that, the baby girl was sent to the hospital for rescue.
The diagnosis certificate issued by the hospital shows that the baby's vital signs are stable, V-shaped skin cracks are seen on the forehead, about 5cm long, reaching the fascial layer, a little bleeding, and the umbilical cord is not broken. Frontal and facial trauma. Neonatal Omphalitis, brain malformation, neonatal hypoxic-ischemic encephalopathy. '
After receiving the phone call from the police, Xiaoting took the initiative to go to the public security organ.
In the trial, Xiaoting pleaded guilty to the prosecution's accusation. According to her defense lawyer, Xiaoting is a first-time offender, an indirect intentional crime, with less subjective maliciousness, and a criminal attempt, and with the circumstances of voluntary surrender, confession and repentance, etc., it is suggested to apply probation to her.
After the trial, the court held that Xiaoting did not clean up and package the newborn and threw the naked newborn from the second floor into the garbage heap with poor sanitary conditions on the first floor, which violated the newborn's right to life and health. The illegal deprivation of other people's lives constituted the crime of intentional homicide.
At the same time, in view of the fact that the baby girl was treated in time and failed to do so for reasons other than Xiaoting's will, it was a criminal attempt; and Xiaoting, after receiving the phone call from the police, took the initiative to come to the case and truthfully confessed the crime, which was a voluntary surrender, so the punishment was reduced according to law. In the first trial of the court, Xiaoting was convicted of intentional homicide and sentenced to two years' imprisonment and three years' probation. After the sentence, Xiaoting said in court that she would not appeal.
After the sentencing, the judge admonished Xiaoting in court and educated her in the legal system. The judge said: 'young people should have a sense of responsibility and law, and should regulate and restrict their behaviors. Once similar situations occur, we should be brave to assume legal responsibilities and obligations. '
Zhang Yan, the presiding judge, pointed out that Xiaoting's behavior was different from the crime of abandonment. The crime of abandonment is an act of refusing to perform the obligation of support, such as putting your children on, putting them at the door of welfare homes, or in public places with dense population and easy to be found. Subjectively, you want your children to be picked up by others, rather than letting them die intentionally.