An 11-year-old boy jumped off a building, and the suicide note identified him as related to the head teacher? The verdict of the second instance was announced!

According to the CCTV news client, on the morning of May 17, the Intermediate People's Court of Jiujiang City, Jiangxi Province, publicly announced the second-instance verdict in the case of appellants Zhang Moumou and Wang Moumou v. the defendant Zou Moumou for insulting and abusing the person under care.

The Jiujiang Intermediate People's Court found out through trial that at around 16:00 on November 9, 2021, Zhang, a sixth-grade student of a primary school in Jiujiang City, fell to his death in his residential community. The public security organs arrived at the scene after receiving the police and found a suicide note on Zhang's body, saying that his death was related to the head teacher and Chinese teacher Zou. Before the incident, Zhang had failed to complete the operation in accordance with the prescribed time and quality many times. Classroom surveillance video shows that Zou used words such as "debt king" and "untrustworthy" when criticizing Zhang, and carried out behaviors such as changing seats, slapping his head and neck with a pamphlet, and punishing him to stand to listen to classes. When Zou criticized and educated other students in class, he used basically the same language as he used to Zhang.

The Jiujiang Intermediate People's Court held that Zou's criticism and education of Zhang in his daily teaching did not substantially deviate from the purpose of education, that when he criticized and educated other students in class, he also spoke in a stern tone, and did not deliberately target Zhang, that Zhang's classmates were able to correctly understand and accept Zou's criticism and education, and that there was no causal relationship between Zhang's death and Zou's conduct in the sense of criminal law. Zou's conduct does not constitute the crime of insult or abuse of the person under care. The first-instance judgment found that the facts were clear, the evidence was credible and sufficient, the law was correctly applied, and the trial procedures were lawful, so the appeal was rejected and the first-instance judgment of acquittal was upheld. When Zou criticized education, he failed to pay attention to the psychological and emotional changes of Zhang, who was not yet physically and mentally mature, and did not strengthen the assistance to students and communicate with parents in a timely manner afterwards, and some of Zou's speech and behavior did not meet the requirements of the people's teachers' professional ethics. Previously reported: On November 9, 2021, Zhang, an 11-year-old boy in Jiujiang City, Jiangxi Province, committed suicide by jumping from a high-rise building in his community after school.

A wide suicide note

In December 2021, Zhang's parents filed a criminal private prosecution with the Lianxi District Court of Jiujiang City, requesting that Zou be found guilty of insult and investigated for criminal responsibility, and in the middle of that month, the court filed the case. After the first-instance trial of the case, it was announced that the verdict would be announced at a later date. On August 9, 2023, the case was pronounced in the first instance of the Lianxi District People's Court of Jiujiang City: the teacher involved did not constitute the crime of insult and abuse of the person under care, and the defendant Zou was acquitted. Zhang's father appealed in court. According to the Lianxi District Court: After trial, the court found out that the defendant Zou was Zhang's class teacher and language teacher, and before the incident, Zhang failed to complete the homework tasks in accordance with the prescribed time, form, and quality many times, and there were many requests for leave. After reviewing the available evidence, it is found that defendant Zou's criticism, education, and punishment of Zhang X occurred in the normal course of education and teaching, and although the language and behavior were inappropriate, they did not deviate from the purpose of education on the whole; The educational and disciplinary measures adopted did not violate the provisions on the whole, and were basically commensurate with Zhang's conduct to the extent; In the basic cognition of Zhang's classmates, there was no adverse impact on Zhang's personality derogation and reputational damage. The court held that defendant Zou's conduct did not meet the constitutive elements of the crime of insult and did not constitute the crime of insult. With regard to the private prosecutor's accusation that the defendant constituted the crime of abusing the person under his care, after trial, it was ascertained that there was no evidence to prove that the defendant Zou X had committed the abuse alleged by the private prosecutor against Zhang. There is no other evidence to corroborate the private prosecutor's allegation that defendant Zou X committed abuse against other classmates, and it is beyond the scope of his private prosecution allegations, so it is not within the scope of the trial of this case. Therefore, the defendant Zou X was found not guilty in accordance with law. However, defendant Zou's language and conduct of criticism, education, and punishment did not meet the relevant requirements for the establishment of teacher ethics and teacher style, and he also failed to care for the students' psychological and emotional feelings, and failed to strengthen support for the students and communication with parents in a timely manner. The competent departments of education have given corresponding party discipline and government sanctions to him for violating teachers' ethics and style.