Lawyer

Chapter 1021
On the day they were discharged from the hospital, the couple reached an agreement on the day they walked out of the county hospital with the child in their arms and threw the child away.

In the afternoon of that day, Chi Yunfa abandoned his daughter in a field on the roadside north of the county hospital.Later, because he was worried about being discovered by passers-by, Chi Yunfa took his daughter away again.

Afterwards, Chi Yunfa and Qi Renxia agreed to throw their daughter on a sparsely populated mountain to the west of the county seat.That night, Chi Yunfa rode an electric bicycle and took his daughter to the barren hills west of the county seat. When he passed a small village west of the county seat, he found a hill next to the village with a woodland on it, so he abandoned his daughter in the forest. middle.

In the early morning of the next day, when a villager went up the mountain to collect firewood, he found Chi Yunfa's daughter who was still alive, rescued her, and called the police.

After searching, the police found Chi Yunfa and Qi Renxia, ​​who confessed to abandoning their daughter.Subsequently, the county procuratorate brought Chi Yunfa and Qi Renxia to the county people's court for the crime of intentional homicide.

"The defendant, Qi Renxia, ​​was released on bail pending trial because she was breastfeeding. Lawyer Li went to see her at home. I went to the detention center and met Chi Yunfa. What he said was basically the same as his wife's.

He said that he was the one who gave up the idea of ​​abandoning his daughter. When I asked him why, he said that his family was too poor to treat his daughter's disease, and that even if her daughter was cured, she would remain disabled. Both adults and children would suffer.

The most frightening thing is that "good things don't go out, bad things spread thousands of miles". As long as the villagers know that his daughter has suffered from this disease, basically they will not be able to straighten their backs and drown people with spitting stars.It will be difficult for my daughter to get married in the future. "After Geng Zhen finished speaking, he fell silent and looked at Meng Guangda.

"Happy people are all alike, and unhappy people are unhappy in their own way." Meng Guangda lamented.

"Well, you are right. In fact, every time I receive a new case, I feel uncomfortable, because I know that behind every case is a cruel reality. Sometimes the cruelty makes me dare not look directly at it, but I I still have to continue to perform my duties as a lawyer, and I have to bear the cynicism and even abuse from others." Geng Zhen's mood was a little depressed.

"Actually, you don't have to worry about what others say. There is always a process in everything. Just think about it. Human nature is selfish, with different positions and different concerns. It is really impossible to fully understand and understand.

As the saying goes: Don't persuade others to be kind without others suffering.How can there be any empathy in the world, most of them are self-knowledge.

It is easy to comment and accuse others from the moral high ground, because those who comment and accuse others have never empathized. When the same thing happens to them, they will know what empathy is.

I am not defending the defendants and the criminal defense attorneys in this case, but it is a fact.You don't have to worry about anything. "Meng Guangda comforted him.

"Well, I understand what you mean. Don't persuade others to be kind if you have not suffered from others. If you have suffered from others, you may not be kind to others." Geng Zhen nodded.

"What's your question now? About this case?" Meng Guangda looked at him with a smile.

"The qualitative question of this case. How should the defendant's behavior of abandoning his daughter in the woods be qualified?" Geng Zhen asked.

"What do you and lawyer Li Mingbo think?" Meng Guangda asked.

"I believe that the behavior of the two defendants constitutes the crime of abandonment. Legally speaking, as the biological parents of the baby girl, the two of them had the obligation to perform but refused to perform their custody obligations. The circumstances are egregious and meet the elements of the crime of abandonment. They should be punished with abandonment. Punish the crime.

However, lawyer Li believes that the actions of the two defendants in this case constitute the crime of intentional homicide (attempted).The two defendants used abandonment as a means to commit intentional homicide, but they failed because of reasons other than will.

What do you think of this case? " Geng Zhen asked.

"Well, I agree with Lawyer Li's opinion." Meng Guangda thought for a while and said.

"What's the reason? Lawyer Li's previous reasons couldn't convince me, nor could I convince him, so the two of us have been unable to reach an agreement." Geng Zhen scratched his head, his eyes full of curiosity.

"I personally think that the key to the characterization of this case is how to distinguish the crime of abandonment from the crime of intentional homicide committed by means of abandonment.

The crime of abandonment refers to the abominable act of refusing to support an old, young, sick or other person who has no ability to live independently, despite having the obligation to support him.Intentional homicide refers to the act of deliberately and illegally depriving others of their lives.The two crimes are quite different in nature and degree of harm, and are generally not easy to confuse.

However, if an actor who has an obligation to support refuses to perform his obligation to support, he will be punished with the crime of abandonment or with the crime of intentional homicide.It is very easy to be confused in judicial practice.

It seems not difficult to distinguish these two crimes in theory, but in practice, when the perpetrator confesses his subjective intentions, he often avoids the most serious and trivial, so the analysis must be based on the principle of consistency between subjectivity and objectivity.I think it can be analyzed from three aspects:
The first aspect examines the reasons and motives of abandonment.

At present, the phenomenon of abandonment of seriously ill infants and young children due to family financial difficulties and inability to afford medical expenses occurs from time to time.For such cases, it should be ascertained what kind of motive the perpetrator committed the act of abandonment.

For example, parents abandoning a seriously ill baby at the gate of a hospital or the Civil Affairs Bureau, attaching the baby's medical records or a note introducing the condition, which obviously hope that the baby will receive timely attention and treatment. Such behavior should be deemed as abandonment; on the contrary, parents will Throwing a seriously ill baby onto the highway or the wilderness where the vehicle passes clearly shows that he subjectively does not expect the baby to be rescued and hopes or allows the baby to die. Therefore, it should be determined that he has the subjective intention to kill the baby, and his behavior constitutes the crime of intentional homicide.

The second aspect examines the objective elements of abandonment.

The most important objective difference between the crime of abandonment and the crime of intentional homicide lies in whether the behavior of "abandonment" will make the abandoned person face the imminent danger of being deprived of life.

In practice, abandonment can be implemented by positive actions or negative omissions. If it constitutes the crime of abandonment, it must essentially be a violation of the obligation to act.

For example, parents abandon their newborn babies at supermarket entrances, station platforms, market roadsides, etc., where there is a large flow of people, and the baby is more likely to be rescued and survived by others. Such abandonment constitutes the crime of abandonment; , deliberately abandoning the victim in a place where rescue is impossible or where there is little hope of rescue, this kind of "abandonment" behavior is intentional homicide.

The third aspect is to examine the performance of the defendant after the case.

After discovering that the victim's life and health are threatened by the abandonment, whether the perpetrator ignores it, actively rescues it, or inflicts secondary harm can reflect whether he has subjective intent to kill the abandoned person, and is also an important factor that should be considered when sentencing.

For example, parents abandon infants and young children by the side of the road and hide in a nearby corner to observe until the child is taken away; or find that no one is paying attention, and then take the child to the bank or office hall and abandon it. Although it is a second abandonment, However, it changed the place of abandonment in the hope that the children could receive the attention and assistance of others, care about the safety of the children's lives, and take measures to reduce injuries.Such behavior should be classified as abandonment.

This case reminds me of an intentional homicide case many years ago..." At this point, Meng Guangda stopped, took out a cigarette and lit it, took a deep breath, and his eyes became complicated.

(End of this chapter)