Typical Cases of Domestic Violence Crimes

catalogue

1. Xu Hongtao's intentional injury case

2. Mu Zhengying's intentional homicide case

3. Chang Lei's intentional injury case

4. Zhu Chaochun's Abuse Case

5. Deng's intentional homicide case

1、 Xu Hongtao's Intentional Injury Case

（1） Basic facts of the case

The defendant Xu Hongtao often beats and scolds his parents, and his mother is beaten so much that she dare not go home. On May 28, 2012, Xu Hongtao beat his father Xu Er (victim, 63 years old) who was unable to move due to cerebral thrombosis at home due to trivial matters. On the noon of the same month, Xu Hongtao punched and kicked Xu Er again in the head, face, chest, and other areas, causing extensive subcutaneous and intramuscular bleeding on both sides of Xu Er's chest, multiple segmental fractures of both ribs, and extensive contusion of the left lung, resulting in traumatic and painful shock accompanied by breathing difficulties and death.

（2） Judgment results

After trial, the Intermediate People's Court of Hengshui City, Hebei Province found that Xu Hongtao had beaten his father Xu Er, who was suffering from cerebral thrombosis and had difficulty moving, to death due to trivial matters. His behavior constituted the crime of intentional injury and should be punished in accordance with the law. According to relevant provisions of the Criminal Law, the defendant Xu Hongtao was sentenced to death for intentional injury and deprived of political rights for life. After the verdict was pronounced, Xu Hongtao appealed. After trial, the Higher People's Court of Hebei Province ruled to dismiss the appeal, uphold the original judgment, and submit it to the Supreme People's Court for approval in accordance with the law. The Supreme People's Court has reviewed and approved Xu Hongtao's death penalty in accordance with the law. The criminal Xu Hongtao has been executed.

（3） Typical significance

This case is a domestic violence crime involving beating a critically ill father to death. Respecting the elderly and loving the young is a traditional virtue of the Chinese nation, while the defendant Xu Hongtao is usually lazy and often beats and scolds his parents. Before and on the day of the crime, he repeatedly assaulted his father, who suffered from cerebral thrombosis and was unable to move. He also assaulted his father's vital parts such as the head, face, and chest. From the multiple and segmental fractures of Xu Er's bilateral ribs, the degree of violence is very strong, indicating that Xu Hongtao subjectively had intentional harm. After the incident, Xu Hongtao's close relatives and village representatives demanded strict punishment for those who did not do their jobs properly, killed their biological father, and violated human ethics. Therefore, the approval of the death penalty for Xu Hongtao's intentional injury crime requires accurate characterization and appropriate sentencing. This fully reflects the policy of severely punishing violent crimes against vulnerable groups such as the elderly, even if they occur among family members.

2、 Mu Zhengying's Intentional Murder Case

（1） Basic facts of the case

The defendant Mu Zhengying often beats his parents, wife and children after drinking excessively. Due to unbearable violence, his parents moved away and his wife also left home, leaving him to live with his daughter Mu (the victim, who died at the age of 5). On the evening of February 2, 2014, Mu Zhengying believed that Mu often played outside and was difficult to discipline. Therefore, he tied Mu to a pillar at home with a rope, slapped him in the face, and beat him with a rope. Later, Mu Zhengying untied Mu and saw him running out again. He forcefully pulled Mu's sleeve and pulled him to the ground, then beat him with a wooden stick, causing Mu to die from blunt external force causing brain injury. Hou Mu Zhengying wrapped Mu's body in a woven bag and moved it to the forest for burial. On the 11th of the same month, Mu Zhengying surrendered to the public security organs.

（2） Judgment results

After trial, the Intermediate People's Court of Qujing City, Yunnan Province found that Mu Zhengying, as the guardian of the victim, had often beaten the victim for a long time. On the day of the incident, he repeatedly beaten the victim, causing his death. Later, he buried the body to cover up the crime, and his behavior constituted intentional homicide. Mu Zhengying committed acts of victimization against children who have no ability to resist, and the circumstances are heinous and should be severely punished in accordance with the law. Given that Mu Zhengying has voluntarily surrendered, he may be given a lighter punishment in accordance with the law. According to the relevant provisions of the Criminal Law, the defendant Mu Zhengying was sentenced to life imprisonment for intentional homicide and deprived of political rights for life. After the judgment was pronounced, there was no appeal or protest within the statutory period, and the judgment has become legally effective.

（3） Typical significance

Although this case occurred within the family, the defendant committed domestic violence against his close relatives all year round. At the time of the incident, he also committed violence against his 5-year-old daughter without restraint and did not actively provide assistance after the incident, ultimately resulting in the death of the victim. The criminal circumstances were severe and the consequences were extremely serious, and he should be severely punished. However, due to his self surrender circumstances, he was sentenced to life imprisonment with a light sentence and appropriate sentencing.

This case is a malignant case where the father assaulted his biological daughter to death. A 5-year-old girl, who was supposed to live in a fairytale like world, grew up in the shadow of violence until she died in the hands of her own father. This has sounded an alarm for all of our parents. We remind parents to never beat their children to avoid causing tragedy and regret.

3、 Chang Lei's Intentional Injury Case

（1） Basic facts of the case

The defendant Chang Lei lived together with his father Chang Xinchun (victim, 56 years old) and mother Zheng Ling. Chang Xinchun had a bad temper after drinking alcohol and often insulted and beaten his family. At around 18:00 on August 29, 2012, after drinking, Chang Xinchun insulted Zheng Ling for trivial matters, and Zheng Ling hid in Chang Lei's bedroom. At around 20:00 that day, Chang Xinchun went to Chang Lei's bedroom to continue insulting Zheng Ling, and then beat Zheng Ling and Chang Lei, threatening to kill the whole family and fetch a kitchen knife. Upon seeing this, Chang Lei snatched off the kitchen knife, and Chang Xinchun held Zheng Ling's head and continued to beat her. Under the righteous indignation of Chang Lei, he wielded a kitchen knife to cut and injure Chang Xinchun's head, neck, shoulders, and other parts, and then sent Chang Xinchun to the hospital for treatment. The next day, Chang Lei surrendered to the public security organs. That night, Chang Xinchun died from hemorrhagic shock.

（2） Judgment results

After trial, the People's Court of Jiangjin District, Chongqing believes that Chang Lei's intentional injury with a knife that resulted in the death of one person constitutes the crime of intentional injury. However, his behavior constitutes excessive defense and should be mitigated or exempted from punishment in accordance with the law. After the incident, Chang Lei surrendered to the police, and his mother expressed understanding. At the same time, considering that the victim Chang Xinchun often committed domestic violence against family members after drinking alcohol, Chang Lei was given a mitigated punishment and a suspended sentence was applied. According to the relevant provisions of the Criminal Law, Chang Lei was sentenced to three years in prison and five years in probation for the crime of intentional injury. After the judgment was pronounced, there was no appeal or protest within the statutory period, and the judgment has become legally effective.

（3） Typical significance

The defendant in this case, Chang Lei, has already taken the kitchen knife from the victim Chang Xinchun's hand, but Chang Xinchun's illegal assault on Zheng Ling continues. Although Chang Lei was not the one who beat him, he threatened to kill the whole family. Considering that Chang Xinchun often engages in serious domestic violence after drinking, the possibility of his violent behavior causing more serious consequences cannot be ruled out. Therefore, Chang Lei has the right to defend against the ongoing domestic violence committed by Chang Xinchun. However, based on the analysis of multiple injuries caused by Chang Lei's chopping at Chang Xinchun with a kitchen knife, which resulted in his death due to hemorrhagic shock, it is indeed not equivalent to the means and severity of Chang Xinchun's unarmed domestic violence. Therefore, it can be determined that Chang Lei's behavior constitutes an excessive defense. At the same time, considering that Chang Lei immediately sent Chang Xinchun to the hospital for treatment after his chopping, and surrendered himself after the incident, his mother's understanding was obtained. Chang Xinchun has a history of domestic violence, and other relatives and neighbors of Chang Xinchun have also requested a lighter punishment for Chang Lei. It is completely appropriate to reduce the punishment and apply a probation to Chang Lei.

4、 Zhu Chaochun's Abuse Case

（1） Basic facts of the case

In September 1998, the defendant Zhu Chaochun married the victim Liu Yi (female, 31 years old). In November 2007, the two agreed to divorce, but still lived together under the name of husband and wife. From 2006 to the time of the incident, Zhu Chaochun frequently assaulted Liu Yi due to emotional issues and family matters, resulting in Liu Yi being injured multiple times. On July 11, 2011, Zhu Chaochun had another dispute with Liu Yi due to issues with her daughter's education and suspicion that her daughter was not her own. Zhu Chaochun whipped Liu Yi with a belt, causing him to commit suicide with a knife. Zhu Chaochun is about to send Liu Yi to the hospital for rescue. After identification, Liu Yi suffered multiple contusions on his body surface. He suffered heart rupture and massive blood loss due to being stabbed in his left chest with a sharp instrument, and died after rescue efforts. On that day, Zhu Chaochun surrendered to the police.

（2） Judgment results

After trial, the People's Court of Hanyang District, Wuhan City, Hubei Province found that Zhu Chaochun frequently and persistently used methods such as beating to harm the physical and mental health of family members, causing the victim Liu Yi to commit suicide due to unbearable physical and mental abuse. His behavior constitutes the crime of abuse. Zhu Chaochun voluntarily surrendered and truthfully confessed his crimes, which constitutes voluntary surrender and can be given a lighter punishment. According to the relevant provisions of the Criminal Law, the defendant Zhu Chaochun was sentenced to five years in prison for the crime of abuse. After the verdict was pronounced, Zhu Chaochun appealed. After being tried in accordance with the law, the Wuhan Intermediate People's Court has ruled to dismiss the appeal and uphold the original judgment.

（3） Typical significance

This case is a typical case of a victim committing suicide by abusing their former spouse who lived together. In judicial practice, domestic violence crimes not only occur between family members, but also frequently between individuals with guardianship, support, foster care, cohabitation, and other relationships. In order to better protect the rights of vulnerable groups such as children, the elderly, and women, promote family harmony, and maintain social stability, the "Opinions on Handling Domestic Violence Crime Cases in accordance with the Law" defines individuals with guardianship, support, foster care, cohabitation, and other relationships as the main scope of domestic violence crimes. Although the defendant Zhu Chaochun in this case divorced the victim Liu Yi, they still lived together in the name of husband and wife. Zhu Chaochun frequently and continuously engaged in abusive behavior, causing Liu Yi to commit suicide and die unbearable. This is an aggravating punishment for abusive behavior that "resulted in the death of the victim" and should be given a heavy sentence in accordance with the law.

5、 Deng's intentional homicide case

（1） Basic facts of the case

In July and August 2012, after the defendant Deng became pregnant without marriage, he left home to stay with relatives and friends. One morning in late December of the same year, Deng suddenly felt abdominal pain while surfing the internet in an internet cafe, and went to the restroom to give birth to a baby girl. Due to concerns about being discovered, Deng stuffed a wad of tissue into the baby girl's mouth, discarded the baby girl in the trash can, and then moved the trash can to the windowsill outside the bathroom window that was difficult to find, causing the baby girl to die from mechanical suffocation.

（2） Judgment results

After trial, the Intermediate People's Court of Nanjing City, Jiangsu Province found that Deng's intentional and illegal deprivation of another person's life constituted the crime of intentional homicide. Deng was under the age of 18 when he committed the crime, and after being brought to justice, he confessed with a good attitude and showed signs of repentance. He may be given a lighter punishment in accordance with the law. According to the relevant provisions of the Criminal Law, the defendant Deng was sentenced to three years in prison for intentional homicide. After the judgment was pronounced, there was no appeal or protest within the statutory period, and the judgment has become legally effective.

（3） Typical significance

This case is a case where a young girl abandoned her newborn baby and caused the baby to die due to unmarried pregnancy. The defendant Deng, who was afraid to let his family know about his unmarried pregnancy, gave birth to a baby girl in the middle of winter. In order to fulfill his obligation to support her, he stuffed a ball of tissue into the newborn's mouth and placed the newborn in an outdoor area where it was difficult for anyone to find her. From a subjective perspective, Deng did not want the baby to be picked up or treated after being discovered by others, but actively pursued the death of the newborn, ultimately resulting in the serious consequences of the baby being abandoned and dying for several days before being discovered. Therefore, Deng's behavior constitutes intentional homicide. Considering that Deng was under the age of eighteen at the time of the crime and was the biological mother of a newborn, and had chosen the wrong action in a helpless and afraid to let his family know, he was sentenced to a lighter term of three years in prison.