[Brief facts of the case].
From 6 p.m. to 11 p.m. on September 28, 2015, defendant Zhang XX beat Zhang XX1 in multiple places all over his body with tools such as willow branches, wooden sticks, ropes, PC tubes, and brooms at home because his son Zhang XX1 had not returned home in time after skipping class and after school, and the victim Zhang XX1 was injured and sent to the hospital for emergency treatment and died. After identification, Zhang died of traumatic shock due to extensive soft tissue injury. At about 1 o'clock on September 29, 2015, Zhang Moumou surrendered to the public security organs.
Court decision
In accordance with the provisions of Article 234, Paragraph 2 and Article 67, Paragraph 1 of the Criminal Law of the People's Republic of China, the judgment is as follows:
Defendant Zhang XX committed the crime of intentional injury and was sentenced to six years imprisonment.
[Lawyer Zhang Xiaobin's comment].
As the saying goes, "filial piety comes out under the stick" and "strict teachers produce high apprentices", this educational theory is still deeply imprinted in the bones of many families, and children will not be able to escape as long as they make a mistake and be beaten badly. But is this educational theory still valid?
As guardians of children, parents clearly know that their children are still in the early stages of growth and that their lives and health are vulnerable to harm, and should carefully care for and nurture their children according to their physical and intellectual development stages, and adopt appropriate education methods.
However, parents' improper discipline of their children is often only the cause of tragedy. When conventional discipline fails to achieve its goal, corporal punishment alone can easily turn into a violent outlet. Where domestic violence against minor children is carried out in the name of discipline and serious consequences are caused, the crime of intentional harm is constituted in accordance with law.
In this case, Zhang XX clearly knew that his actions would cause the victim's bodily harm, but also allowed the harmful results to occur, subjectively having the indirect intention to intentionally harm the body of others; The victim's death was also caused by Zhang's continuous use of willow branches, wooden sticks, ropes, PC pipes, brooms and other tools to beat Zhang1 in multiple places throughout his body, which is consistent with intentional injury causing death, and there is no evidence to prove that Zhang XX had long-term abuse of the victim, so this case constitutes the crime of intentional injury. At the same time, considering that the defendant Zhang XX voluntarily surrendered after committing the crime and truthfully confessed the facts of his crime, it was a voluntary surrender. This case occurred within the family and for educational purposes, and given that defendant Zhang XX was not subjectively vicious and showed remorse, the punishment of defendant Zhang XX may be commuted in accordance with law on the basis of the circumstances of defendant Zhang's crime and the sentencing circumstances described above.
In such criminal cases where parents are improperly educating their children, when convicting and sentencing the perpetrator, in addition to the factors of the consequences of the harm, various circumstances such as the motive for the crime, the means of harm, and the act of rescue should also be fully considered, and where there are circumstances for a lenient punishment, a lenient punishment should generally be given. In particular, where corporal punishment constitutes intentional injury causing death, if, based on the specific circumstances of the case, even if a lenient sentence of 10 years imprisonment is still clearly excessive, resulting in an inappropriate punishment for the crime, a sentence below the legally-prescribed penalty may be given in accordance with article 63 of the Criminal Law and reported to the Supreme People's Court for review and approval.
[Legal Provisions].
Article 234 of the Criminal Law of the People's Republic of China [Crime of Intentional Injury] stipulates: "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. ”
[Conclusion].
When children make mistakes, they may be intimidated at first, but they will not correct the mistakes they have made, but on the contrary, they may cause more serious harm to them, and plant deep resentment towards their parents in the bottom of their hearts. The educational model of "wolf father" and "tiger mother" has a good starting point, but it must not be too rough. Excessive discipline can have irreparable consequences, not only causing harm to the child, but also violating the provisions of the law.
Pity the hearts of parents in the world, there are no parents in the world who do not love their children. Family education has a great impact on children's future growth, and it is also a necessary stage for children to grow up. Parents must carefully examine the ways and means of "family education" and be a qualified and good parent!
[Case**].
China Judgments Network Qujing Intermediate People's Court of Yunnan Province (2016) Yun 03 Xingchu No. 2xx Criminal Judgment.