Legal gas station
Case review. In August 2018, defendant Mu XX established a relationship with the victim Liu XX (pseudonym, female, died at the age of 24).
From September 2018 to October 2019, the two lived together in a student apartment at a university in Haidian District, Beijing, as well as in Moumou's home in Beijing and Liu's home.
From January to February 2019, Mu Moumou and Liu Moumou successively went to Dongguan City, Guangdong Province, and Qingdao City, Shandong Province to meet with the parents of both parties.
Since January 2019, the defendant Moumou Moumou was dissatisfied with Liu's past sexual experience, repeatedly asked Liu Moumou about the details of his sexual experience, quarreled with Liu Moumou, abused Liu Moumou frequently, for a long time, and continuously, and expressed excessive words such as asking Liu Moumou to exchange for his psychological balance through "**" and other methods.
On June 13 of the same year, Liu Moumou and Mu Moumou cut their wrists and self-harmed after arguing.
On August 30, Liu Moumou swallowed drugs after a quarrel with Mu Moumou, and after the hospital took gastric lavage and other treatment measures, he was issued a notice of critical illness.
At noon on October 9, 2019, Liu XX and defendant Mu XX had another quarrel at Mu XX's home in Chaoyang District, Beijing, and were abused by Mu XX. At about 15:17 on the same day, Liu Moumou went out alone, lived in a hotel in Haidian District, Beijing, and bought 2 boxes of diphenyl hydrochloride tablets online at 17:40, committed suicide by taking the drug, and after being discovered, Liu Moumou was sent to the hospital for treatment.
On April 11, 2020, Liu Moumou died after ineffective treatment.
On June 15, 2023, the Beijing Haidian District People's Court found that the defendant Moumou had committed the crime of abuse and sentenced him to three years and two months imprisonment in the (2021) Jing 0108 Xingchu No. 382 Criminal Attached Civil Judgment; Defendant Moumou compensated the plaintiff in the attached civil lawsuit, Ma Moumou (a pseudonym, the victim's mother), for economic losses of RMB 732,699 and five cents. After the verdict was announced, the defendant Moumou appealed. On July 25, 2023, the Beijing No. 1 Intermediate People's Court rejected the appeal and upheld the original judgment by the (2023) Jing 01 Xing Zhong No. 274 Criminal Attached Civil Ruling.
Analysis of the focus of the controversy.
1.Identification of abusive family members.
The relationship between defendant Mou XX and victim Liu XX constituted a substantial family relationship. The Penal Code does not clearly define the scope of "family members" for the crime of ill-treatment. In order to effectively protect the personal rights of victims, the scope of "family members" in the crime of abuse shall be promptly and accurately defined on the basis of the reality of rapid economic and social development and transformation. In addition to typical family members, persons who have lived together and have formed a relatively stable cohabitation relationship should also be included in the scope of the crime of abuse.
In this case, the purpose of the relationship between the defendant Mou XX and the victim Liu XX was to form a family together, and subjectively had the purpose of living together, and from the time when the two parties met their parents on important holidays, the attitudes, words and deeds of the parents of both parties, the location, frequency, and duration of their residence together, and the economic expenses of the two parties, it can be reflected that objectively the two have a relatively stable life together, and they are mentally dependent on each other and help each other economically. Therefore, in light of the general concept of the public, it should be determined that a de facto family relationship has been formed between Mu XX and Liu XX, and the provisions of the crime of abuse may be applied.
2.Determination of a causal link between the abuse and the outcome of death.
There is a criminal law causal relationship between defendant Moumou's continuous verbal abuse and other mental abuse and the result of the victim Liu Moumou's suicide. In this case, after Mu XX and the victim Liu XX established a romantic relationship, in the course of their relationship and living together, Liu XX's mental dependence on Mu XX continued to deepen, but Mu XX could not correctly treat Liu XX's past sexual experience, and insulted and abused Liu XX for a long time, subjected him to mental torture and suppression, and derogated his personality. In particular, when Liu Moumou had extreme acts such as cutting his wrists and self-harming and swallowing drugs because he could not bear the accusations, abuse, and insults, he knew that he was already in a state of extreme mental fragility and that he might commit suicide again at any time after encountering negative stimuli, but still repeatedly accused and insulted, constantly deepening his bad emotions, and finally caused suicide by taking drugs. To sum up, Mou's repeated high-frequency, prolonged, and persistent verbal abuse and other mental abuse were decisive factors in creating and continuously strengthening the risk of Liu's suicide, and ultimately led to the harmful consequences of Liu's suicide, and it should be determined that there is a criminal law causal relationship between the two.
Analysis. This case is known as the first case of PUA, which means that the abuse includes not only physical but also mental abuse. The manifestation of PUA mental coercion, through the beginning of praise and encouragement of "love", and then through continuous denial, mental control of the prey, and then pet raising, teaching suicide is the consensus of the PUA community, and even the PUA training trainees also boast to each other to make multiple women happy for their suicide as a sign of victory. If the act of mind control has caused the victim to lose his free will, then the victim's suicide should be found to have a criminal law causal relationship with mind control.
This case tells us to cherish life and stay away from PUA. When faced with PUA, they should remain calm and restrained, resolutely fight back, and if a violation or crime is constituted, the corresponding legal responsibility should be resolutely pursued.