Lawyer

"Well, what I said may not be correct. Is it possible that the defendant's behavior in this case constituted the crime of negligent death?" Cao Yongzheng said after a little thought.

"Oh? Tell me your reasons." Fang Yi felt that discussing issues like this could broaden their minds and be very beneficial for everyone to think about issues.

"My reason is: the defendant Yan Lingmin beat her daughter Qiu Yu out of a good motive to educate her children, and the defendant Yan Lingmin also confessed that the beating of her daughter was to let her learn well, to be promising, and to gain reputation for herself.

Taking the whole case into consideration, the defendant neither intentionally hurt the victim nor abused the victim subjectively, and his daughter Qiu Yu could not bear such severe beating and corporal punishment, and the possible casualties should have been foreseen due to negligence. I think the defendant may constitute the crime of negligent death. "Cao Yongzheng explained.

"Well, it makes sense. Where's Lawyer Du?" Fang Yi looked at Du Yong.

"I think there is no problem with the charges charged by the procuratorate. The reason is that the defendant, Yan Lingmin, intentionally hurt her daughter.

Generally speaking, corporal punishment by parents for the purpose of educating their children is subjectively motivated by good intentions and does not constitute a crime of harming their children. However, when the disciplinary action exceeds the normal level, serious consequences such as the death of the child occur. , it may constitute a crime.

In this case, based on the analysis of the defendant’s objective behavior, within less than 30.00 hours, the defendant repeatedly hit multiple parts of the victim’s body with objects such as a clothes picker and a steel ruler, resulting in damage to the victim’s face, neck, and torso. The subcutaneous tissue damage of his limbs and limbs accounted for [-]% of his total body surface area.

The defendant, as an adult of sound mind, knowingly knew that her young daughter's skin was delicate and her ability to resist blows was low, but consciously carried out behaviors that would damage Qiu Yu's health for a long period of time. She had the intention of harming Qiu Yu subjectively. People's behavior has exceeded the limit of normal corporal punishment and beating and scolding behaviors for normal education and punishment of children.

In addition, from the analysis of the location, scope and degree of the victim's injury, the defendant subjectively could not turn a blind eye to the injury to the victim's body caused by his beating behavior, and did not know it. Therefore, it cannot be determined that the defendant should have foreseen the physical injury of the victim. But there is no foresight, or there is a negligence mentality that can be avoided with foresight and gullibility.

It can be seen that the defendant had a certain intention to injure the victim in the beating and injuring the victim, at least subjectively, it was a laissez-faire attitude, while the consequences of causing the death of the victim were negligence that should have been foreseen but were not foreseen due to negligence. The requirements of the subjective aspect of the crime of injury (death). "Du Yong touched his chin and said.

His meaning is very clear, the defendant had the intention to injure others, but he did not intend to pursue the death of the victim, otherwise it would not be the crime of intentional injury, but intentional homicide.

"What about the torture crime against Lao Meng? What do you think?" Fang Yi was satisfied with Du Yong's speech, but he didn't show it on the surface.

"I agree with Zhou Ying that this case does not constitute a crime of abuse. But my reasons are different from hers.

The crime of abuse refers to the physical destruction and mental torture of family members who live together by beating and scolding, freezing and starving, forced overwork, refusing to give medical treatment when sick, restricting freedom, humiliating personality, etc. the behavior of.

I think what Lawyer Cao said just now is very correct. The defendant beat the victim out of good intentions to educate their children. The defendant also kept confessing that the reason for beating his daughter Qiu Yu was to let her learn well and be successful, and to gain confidence for herself.

It can be seen that subjectively, the defendant mainly cared for the victim rather than disliked the victim, and did not have the intention to abuse the victim in order to physically and mentally destroy and torture the victim.

Objectively, the beating behavior of the defendant can be used as a means of the crime of intentional injury, or as a means of the crime of abuse, but the abuse requires physical and mental destruction of family members, and the torture must be regular and continuous. characteristics, and the circumstances must be severe enough to be treated as a crime.

In this case, although there is evidence to prove that the defendant had punished the victim in other ways before the incident, the existing evidence is not enough to prove that the defendant’s previous behavior was an abuse of the victim physically and mentally. , and the circumstances have reached the level of abominable, therefore, it cannot be determined that this case meets the objective conditions for frequent and persistent abuse required by the establishment of the crime of abuse.

In this case, the forensic medical appraisal conclusion confirmed that the victim died of traumatic shock caused by extensive subcutaneous hemorrhage caused by multiple blows to multiple parts of the body with a blunt object, indicating that there is an inevitable causal relationship between the defendant's beating behavior and the victim's death.

According to the forensic identification conclusion, the victim's "extensive subcutaneous hemorrhage" was not formed over a long period of time, but appeared in a short period of time.

It can be seen that the cause of the victim's death was the defendant's beating behavior during the time period of the incident, and had nothing to do with the defendant's previous behavior, and was not gradually formed due to long-term abuse.

Therefore, I believe that the defendant in this case was impulsive in the process of teaching the child, used violence on the spot, and accidentally beat the child to death. Subjectively, he had intentional injury, and objectively committed the act of injury to death. Therefore, the second defendant should be prosecuted for the crime of intentional injury person's criminal responsibility. "Du Yong explained.

Cao Yongzheng couldn't believe his ears. He could come to such a conclusion just after hearing the lawyer's introduction of the case, and what he said was well-founded. It was incredible. Anyway, he couldn't do it. This lawyer Du really has something in his stomach .

A flash of approval flashed in Fang Yi's eyes, and then he regained his composure: "As for the sentencing, what do you think will be the sentence for this case?"

Du Yong shook his head: "I remember that those who intentionally injure and cause death are sentenced to fixed-term imprisonment of more than ten years, life imprisonment or death penalty. The death penalty is unlikely in this case. Considering that the defendant surrendered himself, I guess the defendant There is a possibility of a ten-year prison sentence."

Fang Yi sighed inwardly. Du Yong still didn't think as comprehensively as Meng Guangda, and it might be because Meng Guangda had been in contact with the case files for a longer time.

He was thinking about finding a suitable case for the next step, pushing Du Yong out and making him stand out.It's just that Du Yong's brain is more flexible than Meng Guangda's. It's hard to say whether he will have other ideas after becoming famous, let's see.

"Lawyer Fang, what do you think? About sentencing." Zhou Ying took over the conversation. (end of this chapter)