The four -month -old baby was killed by his father, and the court sentenced!

In recent years, the incidents of children's casualties caused by their parents have repeatedly occurred. Recently, the People's Court of the Yizhou District of Xinjiang Uygur Autonomous Region tried a tragedy of a father who killed the child to kill his child's cry and missed his child.

Retrospective

In July 2021, the defendant Zhang's mother went out because of the incident, and the defendant Zhang was only four months old at home. Because his son kept crying, in order to stop his crying, the defendant Zhang Someone with his right hand raised his head and fanned the child's left face twice, and covered his mouth with his right hand. When the child did not cry, he loosen his hand. After a while, the child continued to cry. The defendant Zhang used his right hand again with his right hand. Covering the child's mouth, the child's physical condition was abnormal, and his limbs began to stiff. The defendant Zhang immediately called the 120 emergency phone call, and his son died invalidally via Hami Second People's Hospital.

In case of interpretation

Intentional injury crime refers to the behavior of intentional (including direct intention and indirect intention) to hurt others, including the results of minor injuries, serious injuries and death. The crime of losing death refers to the act of death due to the fault of the perpetrator. The indirect and intentional subjective mentality is that the defendant knows that his actions will cause the danger of harm to others' health, and hope or let this result happen. The subjective mentality of negligence is that the defendant should foresee that his behavior may die of death, because of negligence without foreseeing it, or foreseeable, or trustworthy to avoid.

According to Article 234 of the Criminal Law of the People's Republic of China: deliberately hurting others' bodies, and sentenced to less than three years in prison, detention or control. If the crime of committing the previous paragraph is seriously injured, it will be sentenced to imprisonment of less than three years and less than ten years; if a person dies or causes severe injuries to severe injuries or cause severe disability, it will be sentenced to more than ten years in prison, life imprisonment or death sentence. If there are other regulations in this law, in accordance with regulations.

In this case, is the defendant Zhang's subjective indirect intention or no foreseeable negligence?

First of all, the defendant Zhang was normal after the identification of the identification. At the time of the incident, he was 30 years old and had a certain life experience and judgment ability. He was an adult who had a complete criminal responsibility. The ability to take care of self -care and anti -fighting ability; in the end, the defendant Zhang's palm behavior was strong, otherwise it would not be enough to cause intracranial hemorrhage of the victim. Therefore, the defendant Zhang knew that his palm behavior would hurt a four -month -old baby, and he still vigorously hit the baby's face, let the results of the harmful results cause the young victims to die due to intracranial hemorrhage. Therefore, the behavior belongs to the intentional (indirect) damage behavior.

"Parents are good in the world." The most kind to the child should be their parents, but the defendant Zhang has taken improper measures in the process of taking care of the child many times. Disgustible behaviors should be severely punished in accordance with the law. Considering that after the incident, it took the initiative to call 120 to send the hospital and automatically submit the case to truthfully confess the facts of the criminal facts and obtained the understanding of his wife, and punished as appropriate according to law.

In the end, the Yizhou District People's Court sentenced the defendant Zhang to six years in prison for intentional injury. After the verdict, the defendant Zhang was dissatisfied with the judgment to appeal to the Hami Intermediate People's Court requested to revoke the first trial judgment to change his crime of death. The Hami Intermediate People's Court was tried to find out that the appeal was rejected and the original judgment was maintained.

Judge remind

"Methods for raising, violence is not desirable." For children's nurturing, it should hold the correct method. Although raising children is not a meticulous and strict scientific research project, it is a "" Humanities education". And the so -called educational concepts such as "stick education" and "filial piety under the stick" ignore and ignore the physical and mental health of children. Not to mention that babies who are only four months old stop crying through violence, and in the end they will only bring their lives to their lives.

This case is a painful lesson. I hope that parents and friends, especially young parents who are the first for parents, should protect their children, not only to protect them from harm to foreign hazards, but also to prevent the "parent -child damage" caused by themselves!

Source: People's Court Newspaper

Edit: Li Ruiqi Ru Bana

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