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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
最高人民法院发布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
最高人民法院发布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
[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
[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?
[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, the actor causes the deaths of her minor children. It complies with the constitutive elements of the crime of intentional homicide. The actor is guilty of intentional homicide, and shall be convicted and punished under relevant provisions of Article 232 of the Criminal Law. Moreover, according to the provisions of Article 49 of the Criminal Law, women who are pregnant at the time of trial shall not be sentenced to death. Therefore, all the aforesaid factors shall be taken into account in the sentencing.
[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,主观上具有放任被害人死亡的间接故意,客观上造成其未成年子女死亡的结果,符合故意杀人罪的构成要件,其行为构成故意杀人罪,根据《刑法》第二百三十二条的相关规定定罪量刑。此外,根据《刑法》第四十九条的规定,审判的时候怀孕的妇女,不适用死刑。因此,量刑时须综合考虑以上因素。
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 最高人民法院发布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。
2. Judgment来自北大法宝 (二)裁判结果
The People's Procuratorate of Nanjing City, Jiangsu Province instituted a public prosecution against the defendant, Le Yan, for the crime of intentional homicide. After a trial, the Intermediate People's Court of Nanjing City held that: As the mother of the two victims, Le Yan had the statutory duty of raising the victims. Knowing that the two little victims had no other person to raise and take care of them and they would certainly die from lack of food and water if she did not perform the duty of custody, Le Yan still left the two victims in a closed room with little food and water, did not return home to raise and take care of the two victims after she left the house for over a month, and was addicted to taking drugs, playing video games, and surfing the Internet, causing the deaths of the two victims from starvation after being abandoned. Subjectively, Le Yan had the indirect intention of indulging the deaths of the two victims; and objectively, she caused the deaths of the two victims. The act of Le Yan constituted the crime of intentional homicide and the charge filed by the public prosecution authority against her was correct. Where Le Yan had the duty of child custody and was capable of raising the children, she failed to perform her duty of child custody, which caused the deaths of the two victims. The circumstances were especially execrable and the consequences were particularly serious. Considering that Le Yan was a pregnant woman when the case was tried and she truthfully confessed to her crime after her arrest, the court determined that Le Yan committed the crime of intentional homicide and she should be sentenced to life imprisonment with deprival of political rights for life in accordance with the provisions of the Criminal Law爱法律,有未来. 江苏省南京市人民检察院以被告人乐燕犯故意杀人罪提起公诉。南京市中级人民法院经审理认为,被告人乐燕身为两被害人的生母,对被害人负有法定的抚养义务。乐燕明知两年幼的被害人无人抚养照料,其不尽抚养义务必将会导致两被害人因缺少食物和饮水而死亡,但却仍然将两被害人置于封闭房间内,仅留少量食物和饮水,离家长达一个多月,不回家抚养照料两被害人,在外沉溺于吸食毒品、打游戏机和上网,从而导致两被害人因无人照料饥渴而死。乐燕主观上具有放任被害人死亡的间接故意,客观上造成两被害人死亡的结果,其行为构成故意杀人罪。公诉机关指控被告人乐燕的罪名成立。乐燕在负有抚养义务、具备抚养能力的情况下,不履行抚养义务,造成两被害人死亡,情节特别恶劣,后果特别严重,鉴于被告人乐燕审判时系怀孕的妇女,且归案后认罪态度较好,依照刑法不接我们电话 也不给拒接原因规定,认定被告人乐燕犯故意杀人罪,判处其无期徒刑,剥夺政治权利终身。
3. Significance (三)典型意义
This is the “Case of Starving Two Girls to Death in Nanjing” that was widely reported by the media in 2013. In this case, the defendant, Le Yan, claimed that she was not loved by her parents since childhood and did not have a good education and she truthfully confessed to her crime after her arrest. Therefore, she requested the court to give her a lighter penalty. The trial of this case demonstrates to the society the following: The caring of minor children is not only the fundamental ethical norm that must be followed by the human society for reproductive development, but is the due and statutory duty and responsibility of each parent. Difference in culture, levels of education, economic conditions and even contemporary situations of individuals should not necessarily serve as a ground for the evasion of the duty. The growth experience of Le Yan undoubtedly deserves sympathy, but it cannot be an excuse for her failure to perform the statutory duty and her disregard of life. The trial of this case also reflects that the society should give more support to the protection and relief of such disadvantaged groups as children and the elderly. 本案即2013年媒体广为报道的“南京饿死两名女童案”。本案中,被告人乐燕提出自幼未受到父母的关爱,未接受良好的教育,归案后认罪态度较好,请求法庭对其从轻处罚。本案的审理向社会昭示:抚育未成年子女不但是人类社会得以繁衍发展所必须遵循的最基本的人伦准则,更是每一位父母应尽的法定义务与责任,个人的文化、受教育程度、经济条件乃至境遇的不同,均不能成为逃避义务的理由。乐燕的成长经历固然值得同情,但不能成为其不履行法定义务、漠视生命的借口,而本案的审理也反映出我们的社会应当进一步加强对儿童、老人等弱势群体的保护与救助。
     
     
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