I. Legal understanding of "at trial" Article 49 of China's Criminal Law stipulates that "the death penalty shall not be applied to women who are pregnant at trial". The term "at trial" in this law does not refer to the time when the court hears the judgment after the procuratorate brings a lawsuit to the court, but refers to the time when the criminal suspect is controlled by the judicial organ until the court judgment takes effect. If "at the time of trial" is understood as the time period when the court hears the judgment, it will be in some trouble. If the suspect is pregnant when he is arrested, the judicial organs can speed up the case and make her pregnant when she is tried, so that the death penalty can not be sentenced. If you want her to "die", the case-handling organ can delay the time and let her give birth to the child before the trial, and then it can be executed in court. In this way, the life and death of the criminal suspect is in the hands of the case-handling organ, which is difficult to reflect fairness.
Article 49 of the criminal law? Restrictions on the object of application of the death penalty The death penalty is not applicable to people who are under the age of 18 and women who are pregnant at the time of trial.
Second, "pregnancy found during execution" is hard to appear! To tell the truth, netizens don't understand this problem, basically because they are not familiar with criminal proceedings. General death penalty cases, from criminal detention, arrest, trial and prosecution, court decision, first instance and second instance, the whole procedure takes one or two years. If a female criminal is pregnant when she is arrested, the case-handling organ has long known the fact of pregnancy, or she may have given birth to the child long ago, and will not wait until the death penalty is executed to find out that she is pregnant. What if someone asks, "Female criminals can only get pregnant while in custody"? Haha, this situation will hardly happen, but it is not absolute. An article said that a male policeman in a detention center saw that the female prisoner was beautiful and took advantage of his position to have sex with the female prisoner, which led to pregnancy and so on. There is such a statement on the internet, but it is impossible to confirm the authenticity of the information. Some netizens also shouted loudly that family members can buy off prison guards, transfer syringes containing semen to the prison room, and inject them into the body to get pregnant. This situation may also happen (from a medical point of view, I don't know! ), but it is unlikely. It is estimated that no policeman will take his future to do it. After all, this is a people-oriented society, and it cannot be said that this situation is absolutely impossible. If a female prisoner is pregnant while in custody, the court cannot impose the death penalty.
Iii. Provisions on the Disposal of Pregnant Female Prisoners We can often read the information on the Internet that female prisoners in some countries can give birth and raise children in prison, which will be wonderful, and this will not happen in China. After arresting the female criminal suspect, the case-handling organ found that she was pregnant, so she could not be held in the detention center, so she could only be reassured by monitoring her residence. Do you still remember that in Jiamusi, Tan Beibei tricked an intern nurse into killing her husband in order to satisfy his sexual desire? After solving the case, the police controlled Tan Beibei in the hospital, and the police officers took turns guarding him. When she gave birth to a child and sent the child to a welfare home after breastfeeding, the court sentenced Tan Beibei to life imprisonment.
Fourth, related cases: 10 A woman gave birth to five babies to escape imprisonment! Wang Hong, a native of Donghai County, Lianyungang City, was sentenced to one year and six months' imprisonment and suspended for two years for committing theft in 2009. During his probation, Wang Hong did not repent and committed another crime. The probation was revoked by the court and sentenced to nine years and six months in prison for several crimes. At that time, Wang Hong was pregnant. According to the relevant provisions of the Criminal Law of China, pregnant or breast-feeding women can be temporarily executed outside prison after being sentenced. Wang Hong seems to have found a way to get rich and committed another crime during his execution outside prison. The court added another sentence to her, but because she was pregnant or breast-feeding, she could not be put in prison, so she had to execute the sentence outside the prison. She kept committing crimes, getting pregnant and giving birth. After all this, she didn't go to jail, but she gave birth to five children in 10! Netizens shouted "Long time no see"! In order to support these children, she still committed a crime, and the court still could not accept the final punishment. Society "took" her, and I don't know how many more babies she will have!
Write at the end: What do you think of Wang Hong's "God" operation? Please express your opinions!