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No.2 of Eight Model Cases Involving Infringement upon the Lawful Rights and Interests of Minors Issued by the Supreme People's Court: People v. Zeng Bin (a case of intentional injury)

最高人民法院公布八起侵害未成年人合法权益典型案例之二:***故意伤害案

  • No.2 of Eight Model Cases Involving Infringement upon the Lawful Rights and Interests of Minors Issued by the Supreme People's Court: People v. Zeng Bin (a case of intentional injury)
  • 最高人民法院公布八起侵害未成年人合法权益典型案例之二:***故意伤害案

  • (1) Basic Facts
  • (一)基本案情
  • On May 2012, defendant Zeng Bin was introduced to her current husband surnamed Xu, and then she lived together with Xu and his daughter from his first marriage, Xiao Jia (less than 3 years old at the time of the crime). To prevent Xu from contacting with his ex-wife, Zeng Bin was often furious, and after pregnancy, she often severely criticized her daughter-in-law, Xiao Jia, and frequently scolded and beat up Xiao Jia.
  • 2012年5月,被告人***经人介绍认识了现任丈夫许某,随后即与许某以及许某与前妻生育的女儿小佳(案发时不满3岁)一起生活。为阻止许某与前妻联系,***经常大发雷霆,怀孕后更是时常对非亲生的小佳严厉苛责,打骂不断。
  • At 5 p.m. on January 1, 2013, Zeng Bin let Xiao Jia to take a bath at home, but Xiao Jia cried and was reluctant to do that. Zeng Bin used her hands to hit and push the face and neck of Xiao Jia in a huff, and Xiao Jia fell down causing injury to her head. At first, Zeng Bin did not care about her injury, but later Xiao Jia was almost delirious, accompanied by vomiting and coma. Zeng Bin called her relatives to together send Xiao Jia to hospital for emergency surgery, but Xiao Jia died of a severe injury on January 7. It was found upon forensic analysis that Xiao Jia was brain stem dead as a result of parietal subdural hematoma in the left frontal part and brain herniation caused by a severe craniocerebral injury.
  • 2013年1月1日下午5时,***在家中叫小佳洗澡,小佳哭闹着不愿意。一怒之下,***用手打、推小佳的脸和颈部,小佳跌倒在地上致头部受伤。刚开始,***并未在意,但之后小佳开始神志不清,伴随有呕吐和昏迷症状。***这才叫上亲戚一起将小佳送至医院抢救,但终因伤情太重,小佳于1月7日死亡。经法医鉴定,小佳死亡原因为重型颅脑损伤,左额顶部硬膜下血肿并脑疝形成、脑干功能衰竭。
  • At 10 p.m. of that night when Xiao Jia was beat up, the public security officers arrested Zeng Bin in the hospital. Because Zeng Bin was pregnant, she was released on bail respectively by the public security organ and the procuratorial authority from January 2, 2013 to June 30, 2014. On July 1, 2014, It was approved to arrest Zeng Bin. On July 7, 2014, the procuratorial authority instituted a public prosecution to the court of first instance.
  • 小佳被打当晚10时许,公安机关在医院将***抓获。由于***当时怀有身孕,2013年1月2日至2014年6月30日,公安机关和检察机关分别对其采取了取保候审措施。2014年7月1日,***被批准逮捕。同年7月7日,检察机关向一审法院提起公诉。
  • (2) Judgment
  • (二)裁判结果
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