As the saying goes, tiger poison doesn't eat children, but have you heard that your mother tricked your son into drinking poison? Let's take a look at it with sihai.com. Xiaole (pseudonym), only 4 years old, was lured to drink the highly toxic pesticide "LEGO" by his mother a Ying (pseudonym), who nearly died. A Ying was sentenced for intentional homicide. In addition, with the application of Xiao Le's father a Jian (pseudonym), she was also disqualified as Xiao Le's guardian by the court.
It is reported that China's guardianship revocation system was established in 1987 and has a history of 31 years. This case is also the first case of revoking mother custody in Quanzhou.
Seduce the young child to drink pesticide and commit intentional homicide
A Ying lives in Luojiang District. On September 4, 2016, she had a quarrel with her husband a Jian because of family chores. She had suicidal thoughts and bought the pesticide "LEGO". At about 7 o'clock that night, a Ying drank pesticide in the bedroom on the second floor of her home, and lied that it was Coke, luring Xiaole to drink pesticide at the same time.
Soon, the family found out the abnormality, kicked open the door of the anti lock, and rushed a Ying's mother and son to the hospital for rescue. Thanks to the timely discovery, the mother and son were out of danger. According to the family report, a Ying was arrested by the police on September 14, 2016. After the case was filed, a Ying confessed that she wanted to drink pesticide to commit suicide and 'wanted to take her son away together' when she quarreled with her husband over family chores that day.
Luojiang District Court held that a Yingming knew that his behavior might cause Xiaole's death, but he still allowed this result to happen. Objectively, the fact that Xiaole drank pesticides occurred, which constituted the crime of intentional homicide. According to the relevant circumstances of the crime, the second instance of the intermediate people's Court of Quanzhou City was finally sentenced to three years' imprisonment for the crime of intentional homicide.
After the ruling came into force, a Ying was sent to a women's prison in Fujian Province to serve his sentence.
The procuratorial organ interprets the law and the father applies to cancel the guardian qualification
"Ah Ying's behavior is obviously not good for Xiaole's growth. Luojiang District procuratorate introduced that the case also attracted the attention of the superior procuratorate.
Under the guidance of the minor procuratorial department of the provincial and municipal procuratorate, Luojiang procuratorate actively explores the civil administrative procuratorial business of minors. In view of the case that the guardian infringes upon the minor's rights and interests, the prosecutor informs the victim that a Jian has the right to the minor's domicile, the guardian's domicile or the infringing act with the special notice on the guardian's infringement upon the minor's rights and interests The local people's court applied for the revocation of guardian status and other related matters, and interpreted and reasoned for a Jian.
On March 9 this year, on the grounds of economic difficulties and ignorance of the law, a Jian submitted an application for supporting prosecution to Luojiang Procuratorate, asking the procuratorial organ to support him to file a lawsuit for revoking the qualification of a Ying guardian with Luojiang District Court. After careful examination, Luojiang District procuratorate delivered the opinions on civil supporting prosecution to Luojiang District Court on March 13 and submitted relevant evidence materials.
On the same day, Luojiang court accepted the case. In the application, a Jian said that as a guardian, a Ying deliberately tricked Xiao Le, the guardian, into drinking pesticides, and has lost the qualification of Xiao Le as a guardian. Xiaole lives with him at present. He has the ability of guardianship. Canceling the qualification of a-ying guardian is conducive to Xiaole's physical and mental health. The judge and the prosecutor came to the prison and listened to ayin fully.
The first case in Quanzhou
On March 22 this year, Luojiang procuratorate appointed prosecutors to go to Fujian women's prison to support the prosecution in the case of revoking the qualification of a British guardian. Prosecutors and judges met with a British in the prison to fully listen to her opinions. A Ying said that he has no opinion on a Jian's application. The next day, Luojiang District Court made a decision to revoke the qualification of a Ying's guardian.
'the guardian shall perform the duties of guardianship, protect the physical and mental health of the ward, take care of the life of the ward, manage and educate the ward, and perform the corresponding duties of guardianship. However, as a guardian, Ying deliberately seduced Xiaole, the guardian, to drink the deadly toxic pesticide. Ying's behavior has seriously damaged the physical and mental health of the guardian and constituted a crime. A Jian should be allowed to apply for the revocation of his guardian status, which is in line with the law. 'introduction of the judge. The reporter learned that the judgment in this case has taken legal effect. This is also the first case of revoking custody in Quanzhou since the establishment of revoking custody system in 1987.
Building a protection linkage mechanism system to protect the growth of minors
'it's a family tragedy and we have to learn from it. "The prosecutor in charge said that clarifying the back of the case helps to alert the society.
Through a visit, the prosecutor found that a-ying and a-jian were reorganizing their families. A-jian and his ex-wife had two daughters. He worked outside all the year round and the family burden was heavy. The couple often quarreled over family expenses.
In view of the fear of Xiaole's mother's hurt behavior, the procuratorial organ hired a professional psychological consultant to intervene him through the sand table game to eliminate his negative psychological impact, and actively started the criminal victim rescue mechanism according to law, and issued 2000 yuan of rescue money for follow-up psychotherapy. At the same time, the procuratorial organ lists the victim's family as "the contact household of Erythrina flowers", and regularly visits and grasps the psychological dynamics of the victim's Xiaole.
The reporter searched relevant cases and found that the family tragedy cases caused by family disputes were not rare, and then affected the minors. How to avoid the tragedy of Xiaole as much as possible and protect the legitimate rights and interests of minors, Luojiang District procuratorate is actively exploring and taking an important step. The reporter learned that recently, Luojiang District People's court, Luojiang Public Security Bureau, Luojiang District Committee of the Communist Youth League, Luojiang District Education Bureau, Luojiang District Civil Affairs Bureau, Luojiang District Women ' Sharing mechanism, exchanging information, cooperating with each other, supporting each other and forming a joint force to realize the effective connection between the administrative protection and judicial protection of minors.