On February 30, 65438, Ms. Jia, Xuan's mother, said in an interview with an upstream journalist that her family members had doubts about the age of the boy who committed the crime and applied to the relevant departments for bone age identification, but she was rejected. In addition, in the conclusion of injury appraisal, the conclusion of daughter skull fracture was omitted, and a second appraisal has been applied.
▲ Before the injury, Xuan was a beautiful little girl. Image source/interviewee for the picture
/kloc-a 0/3-year-old boy stabbed a 9-year-old girl with a knife.
Ms. Jia introduced that at 7 o'clock on July 6 this year, her husband, Mr. Chang, was on a business trip in other places and she had to go to work. Because she was not at ease to leave her 9-year-old daughter at home alone, she sent her daughter to her grandfather's house nearby. Ms. Jia recalled that she met Lin Mouliang, a boy of 13 years old who lives nearby, on the way to send her daughter to her grandfather's house.
Ms. Jia told her daughter not to open the door to strangers, and at the same time, Ms. Jia telephoned her grandparents to go back to look after the children as soon as possible. However, it was not long before Ms. Jia received the news of her daughter's accident.
It is reported that shortly after Ms. Jia went out to work, at around 7: 40, Lin Mouliang came to Grandpa Xuan's house and started knocking at the door. According to the monitoring, Lin Mouliang knocked on the door continuously 15 minutes.
Because Lin Mouliang is a classmate of Ms. Jia's eldest son and a neighbor, she used to play with her brother, so she also knows Lin Mouliang. After knocking at the door for a long time, Mary opened it. Lin Mouliang grabbed Xuan's mobile phone after entering the door. After being rejected, Lin Mouliang entered the kitchen and found a kitchen knife. Without knowing the situation, Lin Mouliang chopped it with a knife.
According to Ms. Jia's memory, Xuan was very scared and begged her, "I'll give you my mobile phone now." However, Lin lit up his mobile phone and continued to commit crimes. She was cut to the ground, she pretended to be in a coma, and Lin stopped hurting. The surveillance video shows that Lin Mouliang left by bike after the incident.
After confirming that Lin Mouliang had left, he announced that he would call his parents for help with another mobile phone at home. Grandpa Xuan came home and found his granddaughter covered in blood. With the help of neighbors, he will be sent to Kuandian County Central Hospital for rescue. "After 17 hours of rescue, my daughter finally got her life back." Ms. Jia said.
▲ The head wound is shocking. Image source/interviewee for the picture
According to the medical records provided by Ms. Jia, Xuan was taken to the hospital for treatment at 9: 43 am on July 6. She has many skin lacerations on her head and back, as well as skin lacerations on her upper limbs. Another medical record showed that Xuan was cut with a knife, scalp laceration, open skull fracture and chest, back and waist cuts.
Ms. Jia told reporters that the boy is about 1.7 meters tall and weighs 140 kilograms, while the daughter is thin and her height is less than 1.4 meters, so she can't fight back at all. "My daughter has more than 20 wounds and 200 stitches."
The perpetrator is under the age of 14, and shall not bear criminal responsibility.
It is reported that after the incident, Lin Mouliang rode home and did not call 120 emergency number or alarm number.
After receiving the alarm call from Xuanjia, the Chengbei police station of Kuandian Manchu Autonomous County quickly rushed to the crime scene to control Lin Mouliang. Chengbei police station issued a receipt to accept the case. Since then, the case has been handed over to the criminal police team of Kuandian Manchu Autonomous County Public Security Bureau for handling. Two days later, the case was filed for investigation as a case of intentional homicide. The Notice of Filing a Case issued by Kuandian County Public Security Bureau shows that after review, Lin Mouliang's intentional homicide case has criminal facts, and he decided to file a case for investigation according to relevant regulations.
On July 9, after being transferred to the general ward after passing the dangerous period, the Forensic Judicial Appraisal Institute of Dandong Central Hospital of Liaoning Province identified his injury. According to the appraisal opinion, multiple contusions on the scalp constitute minor injuries; Soft tissue lacerations in chest and back, waist, left forearm and left elbow constitute minor injuries. Incomplete supracondylar fracture of left humerus constitutes minor injury; Partial rupture of the left triceps brachii constitutes a minor injury.
▲ Notice of filing received by Ms. Jia. Image source/interviewee for the picture
About one and a half months after the case was filed, the police informed Ms. Jia that the criminal case was revoked because Lin Mouliang was under the age of 14 at the time of the incident. In the comprehensive memory of this period of time, the case-handling personnel said that there was no problem with the basic facts of the case. The boy cooperated with the police investigation and was not criminally responsible because Lin was under 14 years old.
Faced with such a result, Ms. Jia and her family are hard to accept. At present, the boy has not been taken control measures, and the daughter and her family have not received an apology and compensation from the boy's family after the incident.
The case handler said that Ms. Jia can conduct civil proceedings on her own. In an interview, Ms. Jia said that no civil lawsuit has been filed at present, mainly because she wants to investigate the criminal responsibility of the other party. "At the same time, the current case process has not been completed, and we still have questions about some details of handling the case. In addition, because there are debts at home, no civil lawsuit has been filed for economic reasons. "
In this regard, Ms. Jia said that Lin Mouliang has reached 13 years old, with a height of about 1.7 meters and a weight of more than 140 kg. His family members had doubts about his age, so they applied to the relevant departments for bone age identification, but the public security bureau replied that the application for bone age identification was rejected.
In addition, Ms. Jia introduced that in the process of injury identification, there was a narrative that the left parietal bone saw an oblique fracture line and the local skull inner plate was inclined. But on July 27th, skull fracture's conclusion was not included in the appraisal conclusion issued by the Forensic Judicial Appraisal Institute of Dandong Central Hospital. Ms. Jia immediately questioned and demanded an explanation. The relevant departments replied that it was due to the inconsistent delivery time of the two materials and negligence in work. At present, Ms. Jia has submitted a second appraisal application and has not received a reply.
Ms. Jia introduced that after this incident, her family's life has undergone tremendous changes. In recent months, she took her daughter to the top three hospitals in Shenyang, Tianjin, Beijing and Shijiazhuang for consultation and treatment. The current treatment scheme is more suitable for adults or cases with small scar area. Because Xuan is only 9 years old and young, she is worried about the side effects of laser and other treatment schemes, so she chooses conservative treatment for the time being. At present, hospitalization, treatment, travel expenses and other expenses have exceeded 654.38+million. "My daughter has left more than 20 scars on her head and body, which are very big and shocking to watch." Ms. Jia said.
▲ The scars on my body are very big. Image source/interviewee for the picture
In addition to physical trauma, Xuan has also been psychologically affected, with psychological trauma such as anxiety and anxiety. Ms. Jia said that her daughter was introverted and became very closed after the accident, unwilling to talk and unwilling to contact outsiders. She recalled that once she took her daughter out and saw a man about the same size as a boy, her daughter immediately hid behind her mother, pulled her tightly and said, "I'm afraid."
At present, Xuan has gone home to recuperate and cannot return to normal school.
Lawyer: Family members can ask for a new injury appraisal.
At present, Ms. Jia disagrees with the appraisal conclusion of the appraisal institution. At present, the name of the appraisal institution is the Forensic Judicial Appraisal Institute of Dandong Central Hospital, Liaoning Province, which is a social judicial appraisal institution under the jurisdiction of Dandong Municipal Bureau of Justice. On February 5, 2022, in the Notice of Dandong Municipal Bureau of Justice on Handling Three Illegal Practices of Judicial Appraisal, there were two kinds of law enforcement violations about this appraisal institution.
Lawyer Yin of Beijing Law Firm believes that Article 17 of the Appraisal Rules for Public Security Organs stipulates that "if the appraisal institution of the public security organ at the same level has the appraisal ability, it shall entrust it; Beyond the scope of the appraisal project or appraisal ability of the appraisal institution of the public security organ at the same level, the appraisal institution of the public security organ at a higher level shall be entrusted step by step for appraisal; The appraisal or difficult appraisal of particularly serious cases may be entrusted to an appraisal institution of a public security organ with appraisal ability. " Article 18 also stipulates that "due to technical ability and other reasons, it is necessary to entrust an appraisal institution other than the public security organ for appraisal, which should be strictly managed. Provincial public security organs shall formulate measures for the administration of entrusted appraisal and the roster of entrusted appraisal institutions and appraisers. "
Lawyers believe that in Dandong area, the criminal identification center of Dandong Public Security Bureau and the criminal evidence identification room of the county bureau under its jurisdiction have the qualification of forensic clinical injury identification. In this case, the public security organ appraisal institution was not entrusted first, and the procedure was seriously illegal. In this regard, Ms. Jia has the right to request that the appraisal institution of the public security organ be re-entrusted for injury appraisal.
Regarding the issue of not being criminally responsible for the crime of intentional homicide due to age, Yin said that the original criminal law stipulated that people under the age of 14 were not criminally responsible. In recent years, vicious violent crimes committed by minors have occurred from time to time. In some cases, minors involved maliciously use the age of criminal responsibility to evade criminal punishment, which has aroused widespread concern in society. 202 1 March1day, the third paragraph of Article 17 of the Criminal Law Amendment was formally implemented, adding "A person who has reached the age of 12 and is under the age of 14 commits the crime of intentional homicide and intentional injury, causing death or serious disability by particularly cruel means, and the circumstances are vile. Lawyers pointed out that in combination with this case, because the suspected juvenile is under 14 years old, the crime of intentional homicide or intentional injury must meet the prerequisite of "causing serious injury" and combine the two conditions of "extremely cruel means and causing serious disability" before the Supreme People's Procuratorate can initiate a public prosecution.
Lawyer Yin pointed out that the first paragraph of Article 45 of the Law on the Prevention of Juvenile Delinquency stipulates that minors who commit acts stipulated in the Criminal Law are not subject to criminal punishment because they are under the legal age of criminal responsibility, and the education administrative department and the public security organ may decide to give them special corrective education with the assessment and consent of the Special Education Steering Committee. If there is no progress in criminal responsibility in this case, in addition to the special corrective and educational measures prescribed by law, Ms. Jia can file a civil compensation lawsuit against the boy's parents according to Article 1 188 of the Civil Law, "If a person with no capacity for civil conduct or a person with limited capacity for civil conduct causes damage to others, the guardian shall bear the tort liability", so as to play a deterrent role.
Upstream journalist Zhang Ying
Editor Bai Yang
Editor-in-Chief Rollin Wang Fan Yongsong
Audit Feng Fei