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No. 1 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. Chen Kongquan 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一：陈孔佺故意杀人案
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No. 1 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. Chen Kongquan 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一：陈孔佺故意杀人案
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[Key Terms]
serious injuries ; intentional homicide ; discontinuation of crime ; voluntary surrender ; lighter punishment
[核心术语]
重伤;故意杀人;犯罪中止;自首;从轻处罚
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[Disputed Issues]
If the actor attempts to kill his minor child due to family dispute and has caused the child to be seriously injured, but the actor discontinues the crime and voluntarily surrenders himself, how shall the actor be punished?
[争议焦点]
行为人因家庭纠纷杀害自己的未成年子女，致其重伤，有犯罪中止和自首情节，应如何惩处？
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[Case Summary]
Intentional homicide means an act of illegally depriving others of life on purpose. The actor is guilty of intentional homicide as he attempts to kill his minor child due to family dispute and has caused the child to be seriously injured which accords with the constitutive elements of the crime of intentional homicide. In accordance with the provisions of Article 232 of the Criminal Law whoever kills any other person on purpose shall be sentenced to death...
[案例要旨]
故意杀人是指故意非法剥夺他人生命的行为。行为人因家庭纠纷杀害自己的未成年子女致其重伤符合故意杀人罪的构成要件构成故意杀人罪根据《刑法》第二百三十二条的规定...
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| No. 1 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. Chen Kongquan 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一：陈孔佺故意杀人案 |
| 1. Basic Facts | | (一)基本案情 |
| The defendant, Chen Kongquan, was unsatisfied with Zhong Saiying, his ex-wife, because of dunning failure for multiple times, and he threatened Zhong Saiying that he would kill Chen (the victim, five years old at that time), their daughter under his custody. Around 11:00 on August 27, 2013, Chen Kongquan brought Chen out with him by motorcycle. On the way, he dunned Zhong Saiying again, but failed. Then, Chen Kongquan picked up Chen's hands and feet and continuously hit Chen against the pavement with head down for several times. Chen foamed at the mouth and became unconscious on the spot. By seeing this, Chen Kongquan immediately regretted having done so, he hold Chen and went to the Shuimen Police Station of the Public Security Bureau of Xiapu County for help, and surrendered himself to the police. Chen was sent by police to the hospital for rescue. Due to the contusion of frontal lobes on both sides, epidural hematoma, and fractures and injuries of multiple places including anterior cranial fossa, middle cranial fossa, frontal bone on the right side, occipital temporal bone on the left side, and eye socket on the right side, it constituted a serious injury and Chen's life was out of danger after rescue. | | 被告人陈孔佺因多次向前妻钟赛英催讨欠款无果，心生不满，扬言要杀死由其抚养的亲生女儿陈某某(被害人，时年5岁)以威胁钟赛英。2013年8月27日11时许，陈孔佺带陈某某乘坐摩托车外出，途中再次向钟赛英催讨欠款未果，遂将陈某某手脚拎起，头部朝下，连续往柏油路面撞击数下。陈某某当场口吐白沫，不省人事。陈孔佺见状顿感后悔，抱起陈某某乘坐摩托车来到霞浦县公安局水门派出所求救并投案。陈某某被民警送往医院抢救，因陈某某双侧额叶脑挫裂伤，硬膜外血肿，颅前窝、颅中窝、右侧额骨、左侧枕颞骨和右侧眼眶等多处骨折损伤，构成重伤，经抢救后脱离生命危险。 |
| 2. Judgment | | (二)裁判结果 |
The People's Procuratorate of Xiapu County, Fujian Province instituted a public prosecution against the defendant, Chen Kongquan, for the crime of intentional homicide. After a trial, the People's Court of Xiapu County held that Chen Kongquan intended to kill his own minor daughter due to domestic troubles and caused his daughter's serious injury, constituting the crime of intentional homicide. The charge filed by the public prosecution authority was correct. In the process of committing the crime, Chen Kongquan voluntarily discontinued the crime and effectively prevented the consequence of the death of the victim from occurring, which was discontinuation of a crime; and after committing the crime, he voluntarily surrendered himself to the police and truthfully confessed to his crime, which was surrender. On the basis of the facts, nature, circumstances, and damages to the society of the crime committed by the defendant, the court sentenced Chen Kongquan to a fixed-term imprisonment of eight years for the crime of intentional homicide in accordance with the provisions of the Criminal Law.
．．．．．． | | 福建省霞浦县人民检察院以被告人陈孔佺犯故意杀人罪提起公诉。霞浦县人民法院经审理认为，陈孔佺因家庭纠纷杀害自己的未成年女儿，致其重伤，其行为已构成故意杀人罪。公诉机关指控的罪名成立。陈孔佺在犯罪过程中，自动放弃犯罪并有效防止被害人死亡结果的发生，是犯罪中止；且其在犯罪后自动投案，并如实供述自己的罪行，是自首。根据被告人的犯罪事实、性质、情节以及对社会的危害程度，依照刑法规定，判决被告人陈孔佺犯故意杀人罪，判处有期徒刑八年。
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