CCTV Guangzhou reported on December 9 that on December 4, a 13-year-old boy in Yangchun, Guangdong Province, was beaten by his classmates and suffered a cerebral hemorrhage, and he is still unconscious. Yesterday, a reporter from CCTV visited the Zhujiang Hospital in Guangzhou, where the victim is currently located. A top head trauma expert in China said during the consultation that the patient has missed the best rescue time, and the rescue is extremely difficult, and the hospital expert team will continue to do their best to treat it.
The injured are still in the ICU of Guangzhou Zhujiang Hospital** (photo provided by the interviewee).
Beaten during recess.
On the evening of December 7, in the inpatient department of Guangzhou Zhujiang Hospital, Uncle Liao, a family member of the victim, told a reporter from CCTV about the incident. At around 9 a.m. on December 4, his nephew was beaten by his classmates in the classroom. At 9:30 a.m., the nephew was taken to the town health center, and later transferred to the Yangchun City People's Hospital, 50 kilometers away, due to his critical condition. The reception record issued by Yangchun People's Hospital at 12:04 on the same day showed that the patient was in a "deep coma" and was unconscious for 3 hours, and the diagnosis was cerebral herniation and cerebral hemorrhage, and he was to be admitted to the ICU department for emergency surgery.
Outpatient records of Yangchun People's Hospital (photo provided by the interviewee).
According to the report issued by the Yangchun Municipal Education Bureau, due to a quarrel between the two sides, Jiang Moumou, a student in Class 8 (3) of Yangchun Bajia Middle School, pushed his classmate Liao Moumou to the podium of the class's classroom. With the assistance of Huang Moumou, a classmate in the class, Jiang Moumou hit Liao Moumou on the back of the head with a broom stick, and then quickly punched Liao Moumou in the head with his fist. At the time of the incident, it was during a big recess.
According to the report, the teacher of the class found that Liao Moumou was injured, and immediately notified the school doctor and dialed 120 for first aid**. The school doctor accompanied the doctors of the Bajia Health Center to take the injured to the health center for treatment. At about 11:00 a.m. that day, the injured were transferred to Yangchun People's Hospital for treatment. On December 5, the injured person was transferred to Guangzhou Zhujiang Hospital for treatment.
At around 12 noon, I received someone at the gate of Yangchun People's Hospital, when the child's pupils had dilated and his body was convulsive. Uncle Liao said.
Mr. Huang, the victim's uncle, said in an interview with a reporter from CCTV that the information that the family learned from classmates and teachers afterwards was different from the content of the notice issued by the local education bureau. "He was beaten by three people, first he covered his head with his clothes, and hit the back of his head three times with a broom stick, and the child collapsed shortly after returning to his seat. ”
The Bajia Police Station of Yangchun City said that the matter has been listed as a criminal case, and the case has been transferred to the Criminal Investigation Brigade of the Yangchun City Public Security Bureau and is being handled in accordance with the law. On the evening of the 6th, the representative of the local town revealed to the family that ** arrested "3 people, one of whom was criminally detained, and the other 2 were sent to an education school in Maoming." Of the three, one was over 14 years old and two were over 13 years old.
Uncle Liao said that there are two surveillance cameras in the classroom, but the school said that the surveillance** has been handed over to the public security, and the family has not been able to check it, and it is impossible to restore the incident according to the surveillance. "I heard that I was beaten because I didn't help with my homework. The child is usually docile and well-behaved, with average grades, and there has never been a teacher who has reported an argument between him and his classmates. ”
On December 7, the relevant staff of the Yangchun Municipal Education Bureau replied to the reporter of the central radio network that a special working group has been set up in the city to organize public security, education, health and other units such as Bajia Town to carry out the treatment of the injured, the investigation of the incident, and the comfort of the families of the injured in an orderly manner. ”
The family hopes for a "miracle".
The doctor said that the child's hope was only 1 in 10,000. On December 7, the families of the two victims told a CCTV reporter that the child is currently unable to breathe on his own, with severe cerebral edema, high infection indicators, and weak heartbeat, and is still in danger. They want their children to get the best** and wait for a miracle to happen.
The father of the injured is waiting for consultation in the hospital (photo by reporter Luo Shiwei Xi CCTV).
On the morning of December 8, when a reporter from CCTV visited the Neurotrauma Intensive Care Department of Guangzhou Zhujiang Hospital, he saw that several family members had come to the corridor of the department early to wait. Professor Jiang Jiyao, President of the International Neurotrauma Association and National Leader of Brain Trauma and Neurocritical Care, presided over the consultation on the day.
It's too heavy, it's too late, but nevertheless, we don't give up, and the team of experts will go all out and do everything to save. Professor Jiang introduced at the meeting that after the child was beaten, his blood vessels ruptured and hemorrhaged. Although it was discovered and dealt with at the first time, after all, the medical conditions in the town were insufficient, and the best rescue time was missed in the process of transferring patients. On the 4th day of rescue, the patient's condition still did not improve, and the rescue was very difficult.
A family member at the scene told a reporter from CCTV that he happened to meet Professor Jiang to give a lecture at Zhujiang Hospital on the 8th, "It is estimated that it will be difficult to invite such a top expert in the later stage, and we hope that he can continue to participate."
Another attending physician said after the consultation that the patient's current brain function is poor. Because of the patient's young age, other organ functions can be maintained. At present, he also has problems with heart, lung and liver function, but the main problem is the brain. Combined with his age, the function of the organs in the rest of the body is okay and the quality can be maintained. ”
Two representatives of middle school teachers came forward to pay the patient's current medical expenses. The family of the attacker did not come forward. "I don't know the family members of the beaters, they haven't been in contact with us, not a single one. Uncle Liao said.
Lawyers say that those who injure others may be held criminally liable.
A reporter from CCTV interviewed Pan Xiang, a lawyer from Guangdong Zhongan Law Firm and an arbitrator of the Guangzhou Arbitration Commission, about the incident. Lawyer Pan Xiang said that the Amendment (11) to the Criminal Law responds to the social phenomenon of juvenile crimes at a young age and even some vicious violent crime cases - for specific crimes, the minimum age of criminal responsibility has been lowered from the original 14 years old to 12 years old through special procedures.
Pan Xiang explained that according to the amended Criminal Law, a person who has reached the age of 14 but is not yet 16 years old and commits the crimes of intentional homicide, intentional injury causing serious injury or death, robbery, drug trafficking, arson, and disseminating dangerous substances shall bear criminal responsibility. Where a person who has reached the age of 12 but is not yet 14 years old commits the crime of intentional homicide or intentional injury, causing death or seriously injuring a person by particularly cruel means, causing serious disability, and the circumstances are heinous, and the Supreme People's Procuratorate approves prosecution, he shall bear criminal responsibility.
Specifically, in this case, if the victim is rescued from life-threatening danger, there is a high probability that his injuries will be assessed as serious injuries, which fall within the scope of criminal responsibility of the perpetrator who has reached the age of 14 but is not yet 16 years old. If one of the perpetrators is between the ages of 12 and 14, whether the criminal responsibility for the crime of intentional injury can be approved in accordance with the provisions of the Criminal Law is subject to investigation by the public security organs and the review and determination by the procuratorial organs. Pan Xiang said.
How are the relevant sentencing standards involved in this case stipulated?According to Pan Xiang's analysis, the Criminal Law stipulates that anyone who intentionally injures others and causes serious injury shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years;Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. The Criminal Law also stipulates that persons under the age of 18 who are investigated for criminal responsibility shall be given a lighter or commuted punishment. Where criminal punishment is not given because they are under the age of 16, their parents or other guardians are to be ordered to discipline them;When necessary, carry out specialized correctional education in accordance with law.
Is the family of the injured person legally responsible?Pan Xiang analyzed that regarding the civil liability in this case, in accordance with the provisions of the Civil Code of the People's Republic of China, if a minor causes damage to others, the guardian shall bear the tort liability for compensation. Therefore, on the issue of civil compensation, the parents of the violent child should compensate the victim in accordance with the law.
Pan Xiang also mentioned that the Civil Code stipulates that minors over the age of 8 who suffer personal injuries during school Xi and life, and the school fails to fulfill its educational and management duties, shall bear tort liability. Where minors cause harm to others, the guardian bears liability for tort compensation. "Whether the school should bear tort liability in this case depends on whether the school has endless educational and management responsibilities and whether it is at fault. But in any case, the parents of the abuser should be liable for tortious damages for the victim's damages. ”