Case Summary.
As the saying goes, tiger poison does not eat children. However, 7-year-old Xiaohao was brutally abused by his biological parents, seriously injured, and even lost two fingers.
Xiaohao's parents are both working in other places. Since Xiaohao was born, he has been living with his grandparents in his hometown. Although the two elderly people are not wealthy, they love this grandson very much.
Xiaohao lives a carefree life in his hometown and grows up happily. But his stable life came to an abrupt end at the age of four.
In this year, his parents took him in. The reunion between family members, which was originally a happy thing, became the beginning of Xiaohao's unhappy life.
After coming to Huizhou to work, Xiaohao's parents added two more children. Xiaohao's father is engaged in manual labor, the work is very hard, but the income is relatively limited, and the family is struggling.
After Xiaohao's arrival, the burden of a family of five weighed Xiaohao's parents even more. As a result, poor Xiaohao became the object of his parents' stress.
As soon as there was something wrong in life, Xiaohao's parents beat and scolded this young child. Not only punches and kicks, but even cruelly burned children with fire. Xiao Hao did not dare to disobey his grumpy parents, so he could only endure their atrocities in silence.
After three years of inhuman abuse, Xiao Hao's body has long been scarred. In October 2020, Xiaohao's father suddenly asked relatives at home to borrow 70,000 yuan.
He said that Xiao Hao was accidentally burned by boiling water and was in urgent need, and sent a copy of Xiao Hao's wound to his relatives.
Seeing Xiaohao's miserable **, Xiaohao's uncle doubted Xiaohao's father's statement while feeling sorry for the child. In his opinion, Xiao Hao's wound was not like a burn, but more like a burn.
He tried to ask Xiaohao's father for details of Xiaohao's injury, but the other party kept hesitating and unclear.
Xiaohao's uncle immediately decided to go to Huizhou to visit Xiaohao. When he saw Xiao Hao, who was covered in injuries, he was stunned. He couldn't imagine what life the young child would be like for three years.
Uncle Xiaohao immediately sent Xiaohao to the hospital. With the help of caring people and the careful care of doctors, Xiaohao gradually**, but still lost two fingers.
Xiaohao's parents were arrested by the police for abuse. However, it may take a long time for a child's inner pain to heal.
Legal analysis. The family should be a warm haven for everyone. However, Xiaohao's biological parents have caused great damage to the young child's body and mind. The actions of Xiaohao's parents have constituted a crime.
According to Article 260 of the Criminal Law of the People's Republic of China, the crime of abuse refers to the abuse of family members where the circumstances are serious.The subject of the crime of abuse is relatively special. The subject of the crime of abuse must be a family member who lives under the same roof with the person who is being treated, has a close relationship, and is in a dominant position.The objective mode of conduct of the crime of abuse is to frequently physically and mentally torture and destroy family members living together by means of beating and scolding, restricting freedom, and personal integrity, which is a serious criminal act.
In domestic violence, the perpetrator of domestic violence inflicts mental or physical abuse on a family member in a relatively disadvantaged position in various ways, which is ill-treatment.
In this case, Xiaohao's parents were family members living with him. Parents and children are naturally bound together by blood ties and have an inseparable and close relationship.
Xiaohao's parents were supposed to ensure Xiaohao's healthy growth, but in order to vent the pressure of life, they used all kinds of cruel violence to physically torture young children, and at the same time brought an indelible psychological shadow to Xiaohao.
The object of the crime of abuse is the right to equality and personal rights of the abused person. In modern society, the status of family members is equal. Family members living together should respect each other.
However, Xiaohao's parents use him as their punching bag, allowing innocent children to live in pain and fear all day long. Their brutal violence has seriously damaged Xiaohao's physical and mental health.
According to the relevant provisions of the Criminal Law, there is a relatively intimate relationship between the person who commits the crime of abuse and the person who commits the abuse. This relationship can come from blood, marriage, or from legal facts such as adoption.
For this reason, the Penal Code has a special provision for the offence of ill-treatment. That is, it is up to the victim to "personally sue the offender", that is, to decide in person whether to pursue the criminal responsibility of the offender. Judicial organs must not actively interfere.
According to article 260 of the Criminal Law of the People's Republic of China, the crime of abuse is handled only after complaint.
However, victims who are already in a vulnerable position are likely to be unable to file complaints, or are afraid to complain because they are threatened to complain against perpetrators of abuse.
In response to such a situation, the relevant law stipulates that the close relatives of the person who treat the person may prosecute the offender on behalf of the person. In addition, the Public Prosecutor's Office may also initiate a public prosecution after learning about the situation.
In other words, although Xiaohao is still young, his grandparents can take his place and sue his parents who committed violence against him.