In May last year, a child abuse case in Fushun, Liaoning Province, was exposed, and the six-year-old girl Tong Tong (pseudonym) was brutally tortured by her biological mother Liu Mouyan and her boyfriend Chen Mouwei, with hot water toppings and tongs pulling teeth... The girl's body was covered with scars, which was shocking.
For more than a year since the crime, the child still has many scars and sequelae on his body, and he must go to the hospital regularly for re-examination and treatment, and he also has to take a large number of drugs every day.
Mr. Tong, the father, said that chen's family had never contacted him or apologized since the incident, and that he now only hoped to severely punish the two criminals, and that he had also applied to the court to revoke custody of the child's birth mother.
It is reported that the case of revoking the custody of the birth mother was originally scheduled to be heard on October 12, but on the 11th, Mr. Tong received a notice from the court to cancel the hearing, and the next hearing time was temporarily undecided.
On October 13, a case of partial abuse in criminal matters was heard at the Fushun City Detention Center. According to the procuratorate's allegations, Chen Mouwei and Liu Mouyan were suspected of two crimes: intentional injury and ill-treatment.
According to media reports, from February to May 2020, Tong Tong lived with his birth mother Liu Mouyan and her boyfriend Chen Mouwei, during which time Tong Tong was abused by the two many times. On May 22, 2020, Tong Tong was sent to the intensive care unit of the hospital for rescue due to multiple burns and arm fractures all over his body, and was notified of the critical illness of the hospital.
On May 28 of the same year, the public security organs of Xinfu District, Fushun City, Liaoning Province, received a report from residents in their jurisdiction that a girl had been abused, and the public security organs immediately accepted the case, arrested Chen Mouwei and Liu Mouyan in the early morning of the next day, and took compulsory measures of criminal detention.
After investigation, the two abused the child extremely cruelly, successively using hot water toppings, pliers to extract teeth, lighter burners, steel needles to prick legs, feed cat food, etc., causing multiple burns and fractures throughout the child's body.
According to the appraisal of the Fushun Municipal Fair Judicial Laboratory, tong tong had a total of 10 injuries, including one serious injury, eight minor injuries and one minor injury. The injury appraisal showed that the child's body surface burn was a serious injury of the second degree, and the head, chest, pelvis and other five parts of the first degree of minor injuries, of which 9 ribs on the chest were fractured. In addition, three minor injuries to the left femur and tooth injuries were minor, and three minor injuries were made by inserting a 5 cm steel needle into the right thigh.
Because of the abuse and injury, the child entered school a year late. Mr. Tong said that the child's study is very good, he is particularly happy to go to school, and he gets along well with his classmates.
For the recent situation of the child, Mr. Tong said that the child is still undergoing treatment, the scars on the body will occasionally appear inflamed and infected, there are still some places on the head that have not grown hair, and the lips have been burned and partially fall off, and now they can't grow out. In addition, the child's left arm was delayed in treatment because of the previous fracture, and it was impossible to fully recover.
"I hope that the court will try it fairly and fairly and give the child a fair trial."
Children are abused
Can I apply to revoke custody of my parents?
Zhu Shuangxia, deputy director and managing partner of Zhejiang Jingheng Law Firm, said that parents are the guardians of minor children. Parental custody does not disappear with divorce. The abused girl and child in the case, as a minor, have parental guardianship qualifications for the child that are directly conferred by law, and the disqualification of the parents must go through legal procedures.
According to article 36 of the Civil Code, if a guardian commits an act that seriously harms the physical and mental health of the ward, the court may, upon application by the individual or organization concerned, revoke his guardianship qualifications, arrange the necessary temporary guardianship measures, and appoint a guardian in accordance with the law in accordance with the principle of the most favorable to the ward.
Specific guardianship violations include sexual assault, betrayal, abandonment, abuse, and violence against minors.
In summary, if the court determines through evidence such as police records submitted by the applicant, medical records, injury appraisals, psychological assessment reports, etc., that the child's birth mother has abused or violently injured the child, and has caused serious damage to the child's body and mind, his guardianship qualification should be revoked.
If the child's biological mother is eventually disqualified as a guardian, the father, as the sole legal guardian, should naturally assume the guardianship duties. But this does not mean that the child-child mother does not need to bear any responsibility for the child.
According to Article 37 of the Civil Code, parents, children, spouses, etc., who bear the ward's maintenance, alimony, or alimony in accordance with the law, shall continue to perform the obligation of burden after the people's court revokes the guardianship qualifications. That is to say, even if the birth mother is disqualified from custody by a court judgment, her obligation to pay for the maintenance of the child is not extinguished.
Why is the charge of intentional injury charged
And two crimes of abuse?
Huang Honglian, a criminal lawyer at Zhejiang Jinglin Law Firm, said that the crime of ill-treatment is generally a private prosecution, that is, the victim told him, and then dealt with. However, the law also stipulates that the victim is unable to tell the truth. As far as this case is concerned, Tong Tong is only 6 years old, and he obviously does not have the ability to tell, so the case is filed and investigated by the public security organs, and the procuratorial organs review and prosecute them.
Abuse in criminal law refers to the physical and mental destruction and torture of family members living together. The girl was abused while living with her birth mother, Liu Mouyan, and for her birth mother, she clearly complied with the "family members living together" stipulated in the criminal law. Although Liu Mouyan's boyfriend is not Tong Tong's biological father, he also lives with Tong Tong's mother, so Tong Tong also belongs to Chen Mouwei's "family members living together", and the two abuse of Tong Tong are suspected of abuse.
The crime of ill-treatment requires aggravating circumstances to constitute a crime. Generally speaking, whether the circumstances are heinous or not, it is necessary to consider the means of abuse, the duration of the abuse, the object of the abuse, the results caused, etc. As far as this case is concerned, if Liu Mouyan and Chen Mouwei's abuse of tong tong by means of burning and steel needles is true, it is really a bad situation, not to mention that such a bad act is only aimed at a young, naïve, ignorant, and 6-year-old child without any ability to resist.
In addition, according to the results of the judicial appraisal, the child has constituted a serious injury and multiple minor injuries, which shows that the circumstances of abuse are very bad.
This case was prosecuted together for the crime of intentional injury and the crime of ill-treatment, which shows that the public prosecution organ believes that Liu Mouyan and Chen Mouwei not only committed abusive acts many times, but also some of the minor and serious injuries were not only the result of long-term abuse, but also the adults who committed intentional injuries in the process of abuse, so they should be separately convicted of the crime of abuse.
<h1 toutiao-origin="h2" > This article is reproduced from the WeChat public account "City Express", source: Orange Persimmon Interactive City Express</h1>
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