Lawyer's character

On the day they were discharged from the hospital, the couple came to an agreement to throw away the child when they walked out of the county hospital with the child in their arms.

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.

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

Early the next morning, when a villager went up the mountain to collect firewood, he found Chi Yunfa's daughter who was still breathing. He rescued her and called the police.

After investigation, the police found Chi Yunfa and Qi Renxia, ​​who confessed to abandoning their daughter. Subsequently, the county procuratorate filed a public prosecution with the county people's court on charges of intentional homicide by Chi Yunfa and Qi Renxia.

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

He said that it was his idea to abandon his daughter. When I asked him why, he said that his family was poor and could not afford to treat his daughter's illness, and even if his daughter was cured, she would be left disabled and both adults and children would suffer.

The most frightening thing is that 'good things don't go out, but bad things spread thousands of miles.' As long as the people in the village know that his daughter has this disease, basically the family will never think about it again, and the saliva will drown people. 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 similar, and unfortunate people have their own misfortunes." Meng Guangda sighed.

"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 it is so cruel that I dare not look directly at it, but I I have to continue to perform my duties as a lawyer, and also have to endure the cynicism and even abuse from others." Geng Zhen was in a low mood.

"Actually, you don't have to worry about what others say. Everything has a process. Just think about it. Human nature is selfish, with different positions and different concerns. There is really no way to fully understand and understand.

As the saying goes: Don't persuade others to do good unless they have suffered. There is no empathy in the world. Most of them are just self-awareness of warmth and coldness.

It's easy to comment and accuse others from the moral high ground, because people who evaluate and accuse others have never felt the same way. The meaning of their doing so is just to talk nonsense, pass boring time, and then forget about it when one day Only when the same thing happens to them will they know what it means to feel the same pain.

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

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

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

"The qualitative issue in this case. How should the defendant's behavior of abandoning his daughter in the woods be characterized?" 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 believed that the behavior of the two defendants in this case constituted intentional homicide (attempted). The two defendants used abandonment as a means to commit intentional homicide, but they failed because of reasons other than their will.

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

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

"What's the reason? Lawyer Li's previous reasons couldn't convince me, and I couldn't convince him, so the two of us have never been able to reach an agreement." Geng Zhen scratched his head, his eyes full of curiosity.

“I personally believe that the key to the characterization of this case lies in how to distinguish the crime of abandonment from the crime of intentional homicide by 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 get confused in judicial practice.

It seems that it is not difficult to distinguish between these two crimes in theory, but in practice, perpetrators often avoid the more serious ones when confessing their subjective intentions, so the analysis must be carried out based on the principle of consistency between subjectivity and objectivity. I think it can be analyzed from three aspects:

The first aspect examines the causes and motivations of abandonment behavior.

At present, it often happens that seriously ill infants and young children are abandoned due to family financial difficulties and inability to afford medical expenses. For such cases, it is necessary to find out what motivations the perpetrator had for committing the abandonment.

For example, if parents abandon a seriously ill baby at the door of a hospital or civil affairs bureau and attach the baby's medical record or a note introducing the condition, they obviously hope that the baby will receive timely attention and treatment. Such behavior should be considered abandonment; on the contrary, parents will Throwing a seriously ill baby onto a highway or in the wilderness clearly shows that he 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 intentional homicide.

The second aspect is to examine the objective elements of abandonment.

The most important objective difference between the crime of abandonment and the crime of intentional homicide is whether the act of ‘abandonment’ will put the abandoned person in imminent danger of being deprived of his life.

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

For example, if parents abandon their newborn babies at supermarket entrances, station platforms, market roadsides, etc., these places have a large flow of people and the baby is more likely to survive through being rescued by others. Such abandonment constitutes the crime of abandonment; on the contrary, , intentionally abandoning the victim in a place where he cannot be rescued or where there is little hope of rescue, this kind of 'abandonment' behavior is considered intentional homicide.

The third aspect is to examine the defendant’s post-case performance.

After it is discovered that the life and health of the victim are threatened by the abandonment behavior, whether the perpetrator ignores the incident, actively rescues the victim, or inflicts secondary harm can reflect his or her subjective intention to cause the death of the abandoned person, and is also an important factor that should be considered when sentencing.

For example, if a parent abandons an infant on the roadside and then hides in a nearby corner to observe, and does not leave until the child is taken away; or if they find that no one is paying attention, they take the child to a bank or office lobby and abandon it. Although it is a secondary abandonment, However, the purpose of changing the abandonment location is to hope that the child can receive attention and rescue from others, care about the child's life and safety, and take measures to reduce harm. Such behavior should be characterized as abandonment.

This case reminds me of an intentional homicide case I handled 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.