At 9 am on April 19, Sixi, a 3-year-old girl with her mother-in-law in the Fourth Hospital of Jiangyou City, Sichuan, was suddenly picked up by a 56-year-old man, Zhang, and fell heavily to the ground three times in a row. In the afternoon, the doctor said that Xixi had a comminuted skull fracture and was undergoing further treatment in the ICU. On the afternoon of the 19th, the reporter learned from Jiangyou police that Zhang had been detained on suspicion of intentional murder.

It is understood that on April 17, the girl’s mother-in-law, Aunt Jiang and Zhang, played mahjong, and the two had a dispute. Aunt Jiang was injured and hospitalized. On the morning of the 19th, the two quarreled again in the ward over medical expenses. “Zhang said that she had no money and wanted to kill us.” Aunt Jiang said. Before she could react, Zhang picked up her granddaughter who was resting in the hospital bed and fell directly to the ground. Aunt Yang, who was in the same ward as Aunt Jiang, introduced that she heard a “bang” at the time, thinking that something had fallen over, and then heard the cry of the little girl. She turned her head to see, and Zhang picked up the little girl again. Fell to the ground. Aunt Jiang went to grab her granddaughter, but Zhang picked up Xixi and went to the corridor outside the ward, and fell again.

According to Xixi’s attending physician, after preliminary examination, Xixi had a comminuted skull fracture, but there was less bleeding, and surgery was not required for the time being. “We will take Xixi to review to see if there is delayed bleeding in the skull. If there is more bleeding, it will be life-threatening. If there is less bleeding, I hope it will be more serious.” The doctor said that the specific condition will be evaluated after the review.

There is no problem with the police filing a crime, this guy is intentional murder. Judging from the performance before the engagement, the man has already expressed the intention to “kill the other party”. Although the pure intent means that he cannot be punished, it can be used as a factual basis for proving his subjective intention to kill. In terms of performance, the man did not only fall once, but fell three times in a row. The injury was on the head and other parts that were prone to death, and he took the child out of the ward and hit it after his family found it. It was discovered that the child did not fall to death and continued the assault. The post-event performance is currently unknown, and it is unknown why the man stopped the assault. Combining the above two perspectives, I agree that men are intentional to kill rather than intentional to hurt. From the perspective of the consequences, the victim had a comminuted skull fracture and has been admitted to the intensive care unit. If the rescue is not in time, the results can be imagined, which is enough to prove that the man’s behavior has caused a serious threat to the victim’s life. Even if the victim is out of danger after the subsequent rescue, it is still a failure to succeed due to reasons other than the will. The man constitutes an attempted homicide (I am praying here for such a result, I hope the child can survive it) does not cause harm to his wife and children, and the child is There is no fault. For this kind of villain who takes a child’s anger, the so-called compensation dispute cannot be used as a light reason for discretion, and must be severely punished!

zhiwo

By zhiwo

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helpmekim
5 months ago

What legal responsibility this man should bear is basically based on the suspected crime filed by the police.

The point is that this man is a temporary intention, passionate crime, whether he has a mental illness, this is the key to the final determination of his conviction and sentence, I hope he is a normal person, so that the sword of the law can cut off his sinful head Up.

heloword
5 months ago

On the evening of July 23, 2013, Han Lei and Li Ming had a dispute with Li who was pushing a stroller in Daxing District, Beijing because of parking problems. Han Lei lifted the young girl of Li in the car over his head and fell to the ground. Li Ming immediately Driving away with Han Lei, the girl died. On September 25, 2013, the Beijing No. 1 Intermediate People’s Court sentenced Han Lei to death for intentional homicide. On November 19, 2013, the second instance upheld the original sentence and the death sentence. The lawyer in the Han Lei case was unclear about the matter and insufficient evidence to call for a revised sentence for the crime of negligence leading to death. This case is very similar to this case, except that the scene took place in the hospital and the mother was replaced by a grandmother. The difference from Han Lei is that the suspect hugged and fell the child three times in a row. The child’s brain is still developing and his bones are relatively weak. People know it well, and they hug and fall three times in a row. This is a rush to death. This cannot be the crime of negligence leading to death, it is a standard crime of intentional homicide. Hope the child will survive.

helpyme
5 months ago

1. Does the crime of intentional homicide apply? The police filed a case for intentional homicide, and there was nothing wrong with it. Even if he didn’t really want to kill a girl, that is, he didn’t directly kill people intentionally. However, as an adult, he should know that his behavior is likely to kill the girl, but he allows this result to happen, therefore, at least indirect intentional killing. What’s more, he had already claimed that he wanted to kill the other party and expressed his guilty intent to kill. Therefore, it is basically okay to consider it as direct and intentional killing. 2. Does the man have mental illness? This man obviously has personality defects and may have mania and rage disorder, but this is usually just a disorder of emotional control and does not belong to psychosis or intermittent psychosis (unless there is an authoritative psychiatric identification conclusion), so he should still bear criminal responsibility according to law!

sina156
5 months ago

First, disputes occurred at the mahjong table, injured others and went to the hospital. The specific circumstances of whether a fight occurred is temporarily unclear, and this will not be said beforehand. After the incident, there was another conflict in the ward due to compensation issues, and he threatened to commit murder. In fact, he did the same. He hugged a 3-year-old girl three times, causing the girl to be admitted to the ICU in dying life. What is this not intentional killing? There is nothing wrong with the case filed by the public security organs. A normal person would not know what consequences this would have on a three-year-old child. He still did it and fell three times. How cruel it is. I don’t believe it is not intentional killing.

yahoo898
5 months ago

Seeing this news in the morning made me angry. What kind of grudges and grievances, to a three-year-old child? He suffered a comminuted skull fracture after three consecutive hugs and falls, and he is still lying in the ICU. The police detained him on suspicion of intentional homicide, and the charges were appropriate. As an adult with full criminal responsibility, the suspect knew that hugging and throwing a three-year-old girl would cause her death. He still hugged and thrown three times in a row, obviously intentionally causing death. If it is not for near the hospital and seek medical treatment in time, the victim has a high realistic possibility of death by hug and fall, and the conviction for intentional homicide is accurate. If the rescue is out of danger in time, the serious consequences of the death of others have not been caused, and the punishment can be lightened or mitigated according to the accomplishment. As for sentencing, since I didn’t look at the dossier, I had to combine the specific circumstances of the case to determine the circumstances of the crime and its subjective malice and social impact, whether the suspect had a criminal record, whether he was mentally ill, whether he surrendered, actively compensated for losses, and the victim’s understanding Wait, I think it is life imprisonment. Serious cases of serious violations of minors shall be dealt with rigorously and expeditiously.

leexin
5 months ago

It is highly probable that the crime of intentional homicide will be sentenced to more than ten years imprisonment. The place where the infringement occurs is a public place. The object of the infringement is a child in need of protection. The method is extremely cruel (falling three times), and the subjective malignancy is very serious (being injured by trivial matters first. The victim’s grandmother did not compensate and committed the crime again due to compensation). Such people remain in the society for endless suffering. Depending on the result of the damage, the victim survived by chance and did not have a disability of grade 5 or above. It is likely to be sentenced to life. If there is a disability of grade 5 or above, the death may be sentenced with a reprieve. Grade disability or death, this is a proper death sentence. Even if there are mitigating circumstances for sentencing, even if it is a statutory mitigation, because there are too many circumstances that aggravate the sentence, it seems that it is not enough to mitigate the punishment.

greatword
5 months ago

With such a conclusive content, some people said that they would wait for a moment to reverse, “let the bullet fly a little longer”. Could it be said that the behavior of hugging and throwing a three-year-old girl may be rationalized? This is the typical theory of the guilt of the victim! The victim was not because the perpetrator was frantic, but what did the victim say or do? What’s more, the victim here did nothing, a three-year-old innocent girl! Some people’s brains are not brain tissue, it may be water. Reminds me of the news I saw a few days ago. The great-grandfather was more than irritable because of his one-year-old great-grandson crying and threw the child to death after being drunk. Then, what did this old beast do? After hearing the child’s silence, he fell asleep next to the child’s body. The child was not sent to the doctor until the child’s parents came home from a gathering in the field. Why is it a corpse? Because the examination results showed that the child’s entire skull was shattered by an old thing and died on the spot. And what is the cause of all this? Is it because of hatred? No, just because he was bored. Need to vent their emotions. What does this case tell us? That is, some people are extremely evil and lack humanity, and they just don’t tell you the cause and effect. If you offend him with a word, he will kill your whole family. Those who have to watch the excitement and wait for the reversal of the truth will only understand the suffering of such people in real life.

loveyou
5 months ago

Before committing the crime, the suspect Zhang verbally stated that he “killed you” and expressed his subjective intention to kill intentionally. Then he hugged and threw an incapable three-year-old child three times, causing his head to hit the ground three times and committing intentional homicide. At present, the lives of young children are in danger, which has caused substantial results of infringement on the right to life of others. Therefore, it is a very typical crime of intentional homicide, and the criminal detention of Zhang by the public security organs for intentional homicide is legal and reasonable. In this case, the criminal suspect angered innocent children out of personal disputes, and the method of killing was extremely cruel, and the murder was committed in a public place, and should be punished severely. In terms of criminal responsibility, it is necessary to consider whether the suspect surrendered, confessed the crime, whether he actively compensated, whether he received the understanding of the victim’s family, and the subsequent situation of the girl. However, even if the above points are achieved, based on the serious and widespread social impact and criminal malice, the sentence in this case should be life imprisonment. If the girl dies unfortunately, the suspect and his family refuse to compensate, and no understanding is obtained, then the death penalty (Two-year postponement, immediate implementation, favoring the latter) is a highly probable result. In terms of civil liability, criminal suspects must bear the girl’s treatment and rehabilitation expenses, nursing expenses, and transportation expenses for family members’ lost work. If it affects the girl’s future growth and intelligence, he should compensate for the nursing expenses. If the girl dies unfortunately, the criminal suspect shall bear the corresponding liability for compensation. If the criminal suspect is sentenced to death and executed immediately, the family of the victim can request the court to compensate for the execution from his personal property.

strongman
5 months ago

It is not recommended that certain mentally unstable extremists come into contact with gambling and competitive activities. I once saw an uncle at a chess stand chasing another uncle with a chessboard, chasing half a neighborhood, and finally he had a cerebral hemorrhage and was carried away. Within a few days, a shed was erected in the community. What do you say about your picture. If you can’t control your temper, stay away from these things. I have been playing King for a while, and I really feel that I have a heart attack. Throwing the phone, arguing with voice, the angry person’s hands tremble. After playing a game, I felt my whole person collapsed. Now I don’t touch this thing at all, even if I turn it on, I play with the man-machine. Hey, it’s just for fun.

stockin
5 months ago

The statement of the case has left me at a loss for a while. “Sixi, a 3-year-old girl with her mother-in-law to see a doctor…” Also, looking at the topic, she thought that the man was committing a crime in a mahjong field. After reading the brief description, she realized that the murder was in a hospital ward. Well, the complaint is over, and I return to this case. There are several key facts in this case, which are organized as follows: 1. On April 17, the man and the girl’s grandmother played mahjong together. Then there was a dispute, and the girl’s grandmother was injured and hospitalized by the man. 2. On the 19th of the same month, the grandmother of the man and the girl had another dispute over compensation for medical expenses. The man then attacked the girl. 3. The man hugged and threw the girl three times in public, and then beat the girl’s grandmother. 4. The girl had a comminuted fracture of the skull, and there was no intracranial hemorrhage temporarily. She was hospitalized for observation. Life danger cannot be ruled out. Legal analysis: The news currently reported only knows that the girl has a comminuted skull fracture, and I don’t know if there are other concomitant diseases. But only a comminuted skull fracture is enough to identify a minor injury. Therefore, the threshold for criminal cases is sufficient. “Human Body Injury Degree Appraisal Criteria” 5.1 Craniocerebral, Spinal Cord 5.1.2 Serious Injury Grade II a) The cumulative scalp defect area is more than 75.0cm2 b) Open skull fracture with rupture of the dura mater. c) Depressed or comminuted skull fractures, with symptoms and signs of brain compression, requiring surgical treatment. d) Skull base fracture with leakage of cerebrospinal fluid lasting more than 4 weeks. e) Skull base fracture, with facial nerve or auditory nerve injury causing corresponding neurological dysfunction. …5.1.3 Minor injury level…c) Depressed or comminuted skull fracture. d) Skull base fracture with cerebrospinal fluid leakage. e) Brain contusion (lactation) injury; intracranial hemorrhage; chronic intracranial hematoma; traumatic subdural effusion. …Therefore, there is no problem with criminal detention of men. It is estimated that the most likely controversy in this case is whether the man’s behavior constitutes the crime of intentional injury or the crime of intentional homicide. Because the main difference between the crime of intentional injury and the crime of intentional homicide is that the perpetrator is subjective. Pedestrians are subjectively found to be intentional homicide, then the crime of intentional homicide. The perpetrator had no intention to kill subjectively, that is the crime of intentional harm. Article 232 of the Criminal Law [Intentional Homicide] Intentional homicide shall be sentenced to death, life imprisonment, or fixed-term imprisonment of more than ten years; if the circumstances are less serious, the sentence is three to ten years. Article 234 “[Crimes of Intentional Injury] Whoever intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance. Whoever commits the crime mentioned in the preceding paragraph and causes serious injury to a person shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; whoever causes death or severely disabled a person by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death penalty. If there are other provisions in this law, follow the provisions. Some people will say how to determine subjectively and deliberately, who knows what he thinks. If the man said that I didn’t kill her intentionally, I just wanted to hurt her and let her grandma know that I was not annoying. How do you decide? Don’t worry, it’s normal for a man to say this. Because he couldn’t tell the police that I just wanted to kill her. Therefore, he subjectively did not kill people, not just seeing his confession. What to look at? It depends on his behavior, the tools of the crime, the location of the attack, the intensity of the attack, the witness statement, the surveillance video, the cause, etc. Based on these circumstances, a comprehensive judgment is made as to whether he has intentional homicide. If it is a case caused by a civil dispute, if there is no way to distinguish between intentional homicide and intentional injury, the crime of intentional injury is generally convicted. “Practice the Criminal Policy of Temper Justice with Mercy in Trial Cases of Intentional Homicide, Injury, and Triad-type Organized Crimes” 2. Grasping the combination of leniency and strict in the trial of Intentional Homicide and Injury…In addition, some crimes that cause death in practice It is often difficult to distinguish whether it is intentional homicide or intentional injury. In addition to judging from the tools of the crime, the location of the attack, and the intensity, it is also necessary to consider factors such as the cause of the crime. For cases caused by civil disputes, if it is difficult to distinguish between intentional homicide and intentional injury, the crime of intentional injury can generally be considered. …But in this case, the girl is a child. Violent behaviors such as hugging and throwing have obvious life threats to young children. At the same time, there was no obvious avoidance of the fatal parts of the girl during the man’s hug and fall. Therefore, it can at least prove that men take a laissez-faire attitude towards the girl’s head injury, which constitutes a subjective intention to kill in the criminal law. There is no unclear distinction. Therefore, I think the man’s criminal detention for intentional homicide is appropriate. In the end, a man commits a murder to a young child, which has a very bad influence and is subjectively malignant. These will all be regarded as serious punishments.

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