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Guiding Case No. 44 of the Supreme People's Procuratorate: People v. Yu for Maltreatment

检例第44号:于某虐待案

  • Guiding Case No. 44 of the Supreme People's Procuratorate: People v. Yu for Maltreatment
  • 检例第44号:于某虐待案
  • Guiding Case No. 44 of the Supreme People's Procuratorate
  • 检例第44号
  • [Keywords]
  • 关键词
  • Crime of maltreatment; capacity to file a complaint; supporting change in child support
  • 虐待罪 告诉能力 支持变更抚养权
  • [Basic Facts]
  • 基本案情
  • Defendant surnamed Yu, female, born in May 1986, jobless.
  • 被告人于某,女,1986年5月出生,无业。
  • From September 2016, due to divorce of her parents and her father surnamed Ding's long-term work in other place, the victim Xiaotian (female, 11 years old) lived together with her stepmother surnamed Yu. On the ground that Xiaotian had problems in study and life, Yu has repeatedly beaten up Xiaotian for a long term. On November 21, 2017, Yu once again beat up Xiaotian with a clothes rack, a scratching tool, or any other tools and Xiaotian ran away from home. After Xiaotian was found by her grandfather, it was identified that there were several soft tissue contusions on her head and arms and legs and her physical injury reached the grade of minor injury.
  • 2016年9月以来,因父母离婚,父亲丁某常年在外地工作,被害人小田(女,11岁)一直与继母于某共同生活。于某以小田学习及生活习惯有问题为由,长期、多次对其实施殴打。2017年11月21日,于某又因小田咬手指甲等问题,用衣服撑、挠痒工具等对其实施殴打,致小田离家出走。小田被爷爷找回后,经鉴定,其头部、四肢等多处软组织挫伤,身体损伤程度达到轻微伤等级。
  • [Key Point]
  • 【要旨】
  • 1. Where a maltreated minor fails to exercise the right to file a complaint due to young age, it falls under the circumstance that “the victim is unable to file a complaint” as prescribed in paragraph 3 of Article 260 of the Criminal Law and should be handled as a case of public prosecution, in which the procuratorial organ institutes a public prosecution and may propose the application of injunctions according to the law.
  • 1.被虐待的未成年人,因年幼无法行使告诉权利的,属于刑法第二百六十条第三款规定的“被害人没有能力告诉”的情形,应当按照公诉案件处理,由检察机关提起公诉,并可以依法提出适用禁止令的建议。
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