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No. 2 of Five Model Cases Involving Legal Punishment of Crimes of Infringement on the Rights and Interests of Children Published by the Supreme People's Court: People v. Le Yan for Intentional Homicide
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最高人民法院公布五起依法惩治侵犯儿童权益犯罪典型案例之二：乐燕故意杀人案
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No. 2 of Five Model Cases Involving Legal Punishment of Crimes of Infringement on the Rights and Interests of Children Published by the Supreme People's Court: People v. Le Yan for Intentional Homicide
最高人民法院公布五起依法惩治侵犯儿童权益犯罪典型案例之二：乐燕故意杀人案
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[Key Terms]
Child support ; minor children ; intentional homicide ; sentencing
[核心术语]
抚养;未成年子女;故意杀人;量刑
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[Disputed Issues]
If an actor who has the duty of child support and is capable of raising her children fails to perform her duty of child support, which has caused her uncared-for minor children to die of hunger and thirst, and she is pregnant at the time of trial, how shall she be punished?
[争议焦点]
负有抚养义务、具备抚养能力的行为人，不履行抚养义务，造成其未成年子女因无人照料饥渴而死，审判时行为人怀孕的，应如何惩处?
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[Case Summary]
Intentional homicide means the act of illegally depriving others of life on purpose. The actor who has the duty of child support and is capable of raising her children fails to perform her duty of child support which has caused her uncared-for minor children to die of hunger and thirst. The circumstances are especially execrable and the consequences are particularly serious. Subjectively the actor has the indirect intention of indulging the deaths of the victims; and objectively...
[案例要旨]
故意杀人是指故意非法剥夺他人生命的行为。负有抚养义务、具备抚养能力的行为人不履行抚养义务造成其未成年子女因无人照料饥渴而死情节特别恶劣后果特别严重...
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| No. 2 of Five Model Cases Involving Legal Punishment of Crimes of Infringement on the Rights and Interests of Children Published by the Supreme People's Court: People v. Le Yan for Intentional Homicide | | 最高人民法院公布五起依法惩治侵犯儿童权益犯罪典型案例之二：乐燕故意杀人案 |
| 1. Basic Facts | | (一)基本案情 |
The defendant, Le Yan, was an illegitimate child and was raised by her grandparents since childhood. At 16 years old, she left home and lived alone. With years of drug abuse, she was once given an administrative penalty for taking drugs. In January 2011, Le Yan lived together with Li Wen (with last name withheld) after she gave birth to a daughter, Li Meng (with last name withheld, two years old at the time of death, and the father was unknown). In March 2012, Le Yan gave birth to another daughter surnamed Li (one year old at the time of death). On February 27, 2013, Li Wen (with last name withheld) was detained for committing a crime. Afterwards, Le Yan raised the two daughters by relying on the relief money granted by the community and the assistance from relatives, friends, and neighbors. Being addicted to drugs, Le Yan neglected to take care of her daughters. On April 17, 2013, after Le Yan left home for a few days, Li Meng (with last name withheld) ran out of the house because of hunger. After she was found, community cadres and neighbors took the two little girls to the hospital for treatment. On the same day, Le Yan brought the two girls home. On the afternoon of one day at the end of April 2013, Le Yan left the two little girls with little food and water in the master bedroom of the house where they lived, bound the window shackle with straps repeatedly, squeezed a piece of diaper in the door of the master bedroom to prevent the children from running out, and then she left the house and did not return. After she left, Le Yan once claimed the relief money from the relevant local departments for multiple times. After the obtainment of such relief money, she spent it in taking drugs and playing and did not return home until this case was exposed. On June 21, when the community police paid a visit to Le Yan's house, it was found after the key maker unlocked the door that both Li Meng (with last name withheld) and Li died in the master bedroom. It was found upon forensic analysis that there was no basis for mechanical injury and common toxic poisoning of the two victims and the possibility of organ failure death from dehydration, hunger, disease, and other factors was not excluded. On June 21, the public security authority arrested Le Yan. It was found upon forensic expertise that Le Yan suffered from mental disorders caused by psychoactive substances (drugs) and she had full criminal capacity when committing the crime.
．．．．．． | | 被告人乐燕系非婚生子女，自幼由其祖父母抚养，16岁左右离家独自生活，有多年吸毒史，曾因吸毒被行政处罚。2011年1月乐燕生育一女李梦某(殁年2岁，生父不详)后，与李文某同居。2012年3月乐燕再育一女李某(殁年1岁)。在李文某于2013年2月27日因犯罪被羁押后，乐燕依靠社区发放的救助和亲友、邻居的帮扶，抚养两个女儿。乐燕因沉溺于毒品，疏于照料女儿。2013年4月17日，因乐燕离家数日，李梦某由于饥饿独自跑出家门，社区干部及邻居发现后将两幼女送往医院救治，乐燕于当日将两女接回。2013年4月底的一天下午，乐燕将两幼女置于其住所的主卧室内，留下少量食物、饮水，用布条反复缠裹窗户锁扣并用尿不湿夹紧主卧室房门以防止小孩跑出，之后即离家不归。乐燕离家后曾多次向当地有关部门索要救助金，领取后即用于在外吸食毒品、玩乐，直至案发仍未曾回家。6月21日，社区民警至乐燕家探望时，通过锁匠打开房门后发现李梦某、李某已死于主卧室内。经法医鉴定，两被害人无机械性损伤和常见毒物中毒致死的依据，不排除其因脱水、饥饿、疾病等因素衰竭死亡。6月21日，公安机关将乐燕抓获归案。经司法鉴定，乐燕系精神活性物质(毒品)所致精神障碍，作案时有完全刑事责任能力。
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