A 4 year old boy was pulled by his father three times by the collar and picked up for discipline ,

Mondo Social Updated on 2024-02-10

At the age of 4, it is a wonderful age to play freely with children and spend parent-child time with parents. Children at this age have a bright future, but Xiao Wang in Qingyuan, Guangdong, can no longer see tomorrow.

According to the case released by the Intermediate People's Court of Qingyuan City, Guangdong, between 2020 and 2021, Wang took care of his 4-year-old son Xiao Wang at home, and used the method of pulling the back collar to restrict Xiao Wang's activities three times. In his opinion, this seems to be the most effective "way of discipline" to calm down his son quickly, but it has caused a big disaster. For the first time, Xiao Wang was pulled by his father until he was suffocated and fell into a coma, but fortunately, he was sent to the hospital in time for rescue, and Xiao Wang finally regained consciousness. When asked by the hospital about the cause of the child's suffocation, the father, Wang, lied that "it was my son who knocked over the water cup when he was sleeping, tripped out of bed, and caused difficulty breathing."

Wang, who was not held accountable, mistakenly thought that such a clumsy lie could cover up his crime and never be discovered, so instead of reflecting, he intensified his "discipline" of his son, and then strangled him to suffocation again, and then explained to the hospital with the same reason, leaving his relationship behind.

Under the cruel "discipline" of his father, Xiao Wang escaped death twice, but often nothing more than three...When Wang repeated the same method for the third time, Xiao Wang couldn't get out no matter how much he shouted and struggled. Wang personally handed over his son to the "Grim Reaper", and his son was finally "quiet". When Wang found that his son was not breathing, he panicked and sent him to the hospital, but it was too late.

After that, ** locked up the criminal suspect Wang, and the public prosecution instituted a public prosecution against him.

In the end, the court sentenced Wang to ten years in prison and compensated Wang's mother for economic losses. Wang was dissatisfied with the verdict and appealed, arguing that he did not intentionally harm Xiao Wang, but was just "disciplining" his son, wanting him to be quiet, but did not expect that it would cause his death, and asked the court to leniency or reduce the punishment.

However, after trial, the appellate court held that Wang's grounds for appeal had no factual and legal basis and upheld the original judgment.

01. Will domestic violence by a father against his son be counted as "discipline"? Will it affect the final decision?

In this case, the father Wang, knowing that pulling the collar would cause Xiao Wang to suffocate, still pulled the collar several times, which is already a criminal act of intentional injury.

As for the question of whether it will affect the final sentence, the "Top Ten Typical Cases of Anti-Domestic Violence in China" released by the Supreme People's Court makes it clear that domestic violence is not a family dispute and does not belong to the circumstances of lenient punishment. Where domestic violence against minor children is carried out in the name of discipline, causing serious consequences, a lighter punishment is not to be given.

02. What kind of punishment will Wang face in the end?

Article 234 of the Criminal Law of the People's Republic of China provides that whoever intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten 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.

Wang's conduct constituted the crime of intentional injury causing death, and he shall be sentenced to 10 or more years imprisonment, life imprisonment, or death.

Related Pages