It is not easy to create, please click "Follow" before watching, you can see other legal case analysis in time every day!
«——[·Case Summary·] ——»
On July 13, 2023, a female kindergarten teacher named Wang Jingyun was executed according to law!
What exactly caused this kindergarten teacher to be executed in accordance with the law?
On February 17, 2017, Wang Yun and her husband Feng Moumou had a conflict in their lives due to some trivial matters. This made Wang Yun feel dissatisfied with her husband and feel evil!
Wang Yun learned from the Internet that a food additive called sodium nitrite is highly toxic, and the human limit intake can not exceed 0.3 grams at a time, and excessive amounts will cause human sodium nitrite poisoning and even death.
Sodium nitrite is also an inorganic compound, soluble in water, in a white crystalline powder state.
So, Wang Yun bought a bag of sodium nitrite online in an attempt to make her husband taste the pain!
On the evening of February 19 of the same year, Wang Yun put part of sodium nitrite into her husband's drinking water cup in an attempt to poison her husband!
Early the next morning, Wang Yun's husband, Feng Moumou, felt unwell shortly after drinking it. Immediately went to the hospital and was diagnosed with poisoning, and reached the level of minor injury of the second degree!
It is said that a husband and wife for one day, a hundred days of kindness and righteousness. I never expected that Wang Yun could be so poisonous and poison her husband, who slept with her all day. Its vicious heart is chilling!
But Wang Yun's vicious poison is far more than that!
Wang Yun is also a kindergarten teacher, she was originally a hardworking and kind gardener, caring for the flowers of the motherland. However, because of conflicts with her colleagues, she committed poisonous acts and hurt many children.
The cause of the incident was on March 26, 2019, when Wang Yun was in charge of managing the small class during the kindergarten Mengmeng preschool education work. Colleague Sun Moumou was responsible for managing the middle shift, and the two had a conflict on this day because of the management of the small class and the middle class.
Wang Yun thought that Sun Moumou would complain to the principal, and Wang Yun was very dissatisfied in his heart, so he wanted to take revenge on his colleague Sun Moumou, a middle school teacher.
She thought of the previous packet of sodium nitrite, and found that the middle class teacher Sun Moumou sometimes tasted the middle class rice to judge the good or bad and warm conditions.
She wanted to put sodium nitrite into the meal and poison it when Mr. Sun tasted it, so that no one would find out that she made it herself.
On March 27 of the same year, Wang Yun brought the sodium nitrite he had purchased before to Mengmeng Preschool Education Kindergarten when he went to work in the morning. Before eating, Wang Yun secretly entered the small cafeteria of the kindergarten, put the sodium nitrite into the eight-treasure porridge in the middle class, and left the scene.
More than 20 children ate this eight-treasure porridge that day, and after a while, the children had different symptoms in the kindergarten, some children vomited up and down, and some children even fainted.
The kindergarten teacher quickly called the parents of the children, and the local emergency response leading group was urgently set up to carry out the work of medical treatment for the children and investigate the ins and outs of the matter, so as to find the cause of this food poisoning.
Because the amount of sodium nitrite put by Wang Yun is not very much, and the kindergarten children's physique and immunity are not as good as adults, and they are more harmed.
They passed through the Second People's Hospital of Jiaozuo City, the People's Hospital of Zhongzhan District, and the Jiaozuo Maternal and Child Health Care Hospital, because the matter was still under investigation, and some of the children who improved were also diverted to other kindergartens.
For the poisoning incident, the Education Bureau, the Public Security Bureau, and the Emergency Response Working Group all launched investigations and found that the initiator behind the poisoning incident was Wang Yun, a small class teacher. Wang Yun was criminally detained by the public security organs, and the kindergarten and local authorities are also carrying out related aftermath work.
After the investigation was completed, the public security organs transferred Wang Yun to the procuratorate for prosecution, and then the court held a trial.
During the court trial, Wang Yun confessed in court that he only thought that Sun Moumou would taste the children's rice to murder Sun Moumou, and did not think about the children's problems.
But the children's families were very emotional when they heard such a confession. Because of Wang Yun's improper and illegal poisoning, his own children were poisoned.
What is even more heart-wrenching is that one of the 5-year-old children died on January 28, 2020 due to ineffective rescue after eating eight treasure porridge due to multiple organ failure caused by poisoning.
In addition, 21 people such as Xue Moumou were injured to the extent of minor injuries of the second degree, Li Moumou and other 2 people were slightly injured, and Zhang's injury degree did not constitute a minor injury.
Wang Yun's behavior caused more than 20 families to suffer, and some families spent more than 1 million yuan on medical expenses in order to treat their children. So many children, the huge amount of medical expenses rescued was paid by the local government in advance.
Therefore, the parents filed a criminal incidental civil lawsuit during the trial, demanding that Wang Yun's criminal responsibility be severely investigated and that the kindergarten bear joint and several compensation. Claims for compensation costs were also filed, such as medical expenses, nutrition expenses and emotional comfort.
For parents, children are heartfelt. Their own children endure pain in the hospital, even separated from themselves, and this so-called spiritual comfort money is only a material compensation, which cannot really make up for parents and children.
«——[·Interpretation of the Law by Case.]——»
According to article 13 of the Criminal Law of the People's Republic of China, "... Violations of citizens' personal, democratic and other rights, as well as other acts that endanger society, which are punishable by criminal punishment in accordance with the law, are crimes ...".
In criminal law, to determine whether a person has committed a crime, it is necessary to judge according to the theory of the four elements of crime, that is, the objective aspect of the crime, the object of the crime, the subjective aspect of the crime, and the subject of the crime.
Specifically, the criminal Wang Yun committed a total of two types of criminal acts, violated the personal rights of others, and caused serious consequences respectively, and the objective criminal elements were fully met.
At the same time, Wang Yun was over 16 years old at the time of committing the criminal act, and was mentally normal at the time of the criminal act, and did not have a mental disorder. In accordance with the provisions of the Criminal Law of the People's Republic of China, criminal responsibility is required. Therefore, the crime Wang Yun has already constituted a crime.
What crime should the criminal Wang Yun constitute for poisoning his husband Feng Moumou? What criminal penalties should be imposed?
According to article 234 of the Criminal Law of the People's Republic of China, "Whoever intentionally harms the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance." Whoever commits the crime mentioned in the preceding paragraph and causes serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; ......”。
Because the criminal Wang Yun poisoned her husband Feng Moumou, and has already started. Her husband's poisoning also reached the second degree of minor injury.
Therefore, Wang Yun has already constituted the crime of intentional injury, and it has been completed! They shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or surveillance.
What crime should the poisoning act committed by criminal Wang Yun in order to poison his colleague Sun Moumou, a middle school teacher? What are the criminal penalties?
From the perspective of individual acts, the poisoning act committed by criminal Wang Yun in order to poison his colleague's middle school teacher Sun Moumou may constitute the crime of intentional homicide or the crime of intentional injury.
As for what specific crime is constituted, it needs to be judged in conjunction with the criminal purpose of the criminal Wang Yun. Of course, the form of crime is mainly an attempted crime!
Article 115 of the Criminal Law of the People's Republic of China clearly stipulates: "Whoever sets fire, floods, explodes, or releases poisonous, radioactive, infectious disease pathogens or other substances or uses other dangerous methods to cause serious injury or death or cause major losses to public or private property shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or the death penalty." ”
Because the criminal Wang Yun carried out the act of poisoning, which violated the lives and health of an unspecified number of people, he has already violated public safety and caused particularly serious harm.
Therefore, combined with the criminal purpose and criminal behavior of the criminal Wang Yun, he should be convicted and punished as the crime of releasing dangerous substances.
shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or the death penalty.
The criminal Wang Yun defended: "It was just to poison his colleague Sun Moumou, and he did not think about the problem of children." Is that crime Wang Yun a negligent crime?
According to Article 14 of the Criminal Law of the People's Republic of China, "Anyone who knows that his actions will cause consequences harmful to society, and hopes or allows such results to occur, thus constituting a crime, is an intentional crime." ”
In criminal law theory, criminal intent is divided into two types: direct intent and indirect intention. Direct intent is the active hope that the result of the crime will occur. Indirect intention, on the other hand, is to allow the result of the crime to occur. Specific to this case, the criminal Wang Yun put sodium nitrite into the eight-treasure porridge eaten by the children. As a rational and normal person, you will know that such behavior will cause children to be poisoned. Therefore, the criminal Wang Yun is aware of the subjective cognitive factors.
At the same time, the criminal Wang Yun knew that the child would be poisoned if he drank the eight-treasure porridge, but he didn't ask and allowed the result to happen. Therefore, the crime Wang Yun is an intentional crime and cannot constitute a negligent crime!
The victim's family filed a criminal incidental civil lawsuit, and can the demand for compensation for moral comfort money from the convict Wang Yun be supported?
According to Article 1 of the Provisions of the Supreme People's Court on Issues Concerning the Scope of Civil Proceedings Incidental to Criminal Matters (Fa Shi [2000] No. 47), "A person who suffers material losses due to criminal infringement of personal rights or property destroyed by criminals may file an incidental civil lawsuit." The people's courts shall not accept incidental civil lawsuits filed by victims who have suffered moral losses as a result of criminal acts. ”
At present, criminal incidental civil litigation does not support compensation for moral damages, and is limited to direct material losses. Therefore, the victim's request for emotional comfort money could not be upheld by the court.
Minors are the hope and future of the motherland and a major driving force for the motherland to achieve national rejuvenation. Although it is very regrettable that this happened, it also warns us.
Teaching institutions should not only look at the superficial brilliant resumes for the recruitment of teachers, but also strengthen the examination of teachers' conduct, values, etc.!
Do you have any comments or suggestions on this?
Welcome to leave a comment.
[If you want to get more legal knowledge, please follow our account @Wang Xianzeng, there are new wonders every day! ] 】