The case of Tian Tian (pseudonym), a two-year-old girl in Hebei Province, who was abused to death by her biological father and his extramarital girlfriend, has attracted attention.
On August 2, Tian Tian's mother, Ms. Li, told reporters that in early July, the case had been transferred by the procuratorate to the court, and the prosecution had prosecuted her on charges of abuse and intentional injury. The prosecution's indictment pointed out that the two defendants repeatedly abused the victim by beating and scolding, freezing and starving, not being allowed to sleep, and tying up, and beat the victim many times with fists and feet, slippers, leather belts, rice shovels, wooden strips, data cables and other tools even though they knew that the victim had become unwell and had convulsions and held his breath.
Ms. Li told reporters that one of the defendants, Wen Moumou, claimed to be mentally ill and hoped to get away with it, but after police evaluation, he was not mentally ill. She hopes to sentence the two defendants to death and seek justice for her daughter.
The reporter learned from Ms. Li that on July 15, Ms. Li received an indictment from the People's Procuratorate of Hulunbuir City, Inner Mongolia Autonomous Region, which filed a lawsuit against Tian Tian's biological father, Tian Moumou, and Wen Moumou, a woman living with Tian Moumou, on the grounds of intentional injury and abuse. Currently, Tian and Wen are being detained in the detention center.
According to previous media reports, on December 21, 2023, in the emergency room of the Manzhouli People's Hospital in Inner Mongolia, Tian Tian was declared clinically dead. According to the hospital's medical records, when Tian Tian was admitted to the hospital, his family members complained on behalf of the child that he had suffered a head injury caused by a fall from the toilet, and that he had a history of beating by his parents recently. The reporter checked in many ways and confirmed the description in the course of the illness. The reporter learned from the relevant personnel through other interview channels that "the child has completed the autopsy, and the relevant persons involved in the case have been detained, including the biological father of the child." ”
According to Ms. Li, Tian Tian was born in April 2021, and one month after Tian Tian was born, Tian Tian's biological father Tian Moumou followed Tian Tian's grandfather to Manzhouli City, Inner Mongolia to do business, while he took Tian Tian to stay in his hometown in Xingtai, Hebei. Ms. Li said that the relationship between the husband and wife was not bad at first, but since the second half of 2022, she feels that there have been subtle changes between the two. "I already felt that something was wrong at that time, I often quarreled, and he even proposed a divorce from me." One day in February 2023, her daughter Tian Tian was suddenly taken away by her biological father Tian Moumou and lost contact, during which Ms. Li searched for her daughter unsuccessfully. Her in-laws were contacted several times to inquire about the whereabouts of her daughter and husband, but her in-laws said they did not know. It wasn't until ten months later that when Ms. Li saw her daughter Tian Tian again, it was at the Manzhouli City Funeral Home.
On January 17, 2024, Ms. Li obtained the forensic appraisal report issued by the local public security department on the same day, which showed that Tian Tian died due to blunt external force on the chest on the basis of multiple soft tissue contusions all over the body, resulting in hemocardial hemorrhage and acute cardiac tamponade.
"I am willing to give up civil compensation, I just ask the court to sentence them to death." On July 15, Ms. Li received an indictment from the Hulunbuir Municipal People's Procuratorate. The court filed a lawsuit against Tian Moumou, Tian Moumou, his biological father, and Wen Moumou, a woman who lived with Tian Moumou, on the grounds of intentional injury and abuse. Currently, Tian and Wen are being detained in the detention center.
On the 19th, the reporter called the Hulunbuir City People's Procuratorate, and the caller said that the staff in charge of the case was in a meeting and it was inconvenient to be interviewed. Subsequently, the reporter contacted the police in charge of the case at the Manzhouli City Public Security Bureau, and the other party said, "Look for the propaganda department." He hung up.
According to the content of the indictment provided by Ms. Li, in February 2023, after the defendant Tian Moumou and the defendant Wen Moumou lived together, they took Tian Moumou's daughter Tian Tian from her hometown in Hebei Province to Manzhouli City, and the three of them lived together. During this period, the two defendants repeatedly abused the victim Tian Tian by beating and scolding, freezing and starving, not allowing him to sleep, and tying him up, and beat the victim Tian Tian many times with his fists and feet, slippers, belts, rice shovels, wooden sticks, data cables, and other tools, even though he knew that the victim had been unwell and had convulsions and held his breath. At about 6 o'clock on December 21, 2023, after Tian Moumou went to work, Wen Moumou found that Tian Tian wet the bed and beat him with a data cable, and asked him to go to the bathroom to urinate.
The court held that the defendants Wen and Tian had abused a young girl under the age of three for a long time, and the circumstances were aggravated, and at the same time, they repeatedly used tools to beat the victim and caused the victim's death, and their conduct violated Article 260, Paragraph 1 and Article 234, Paragraph 2 of the "Criminal Law of the People's Republic of China"; the facts of the crime were clear, the evidence was credible and sufficient, and their criminal responsibility should be investigated for the crime of abuse and intentional injury; the two defendants had the circumstances stipulated in Article 69 of the "Criminal Law of the People's Republic of China" and should be punished concurrently. In accordance with Article 176 of the Criminal Procedure Law of the People's Republic of China, the two defendants were prosecuted in accordance with law.
Fu Jian, director of Henan Zejin Law Firm, a criminal defense lawyer, said in an interview that this case needs to further distinguish between the crime of maltreatment causing death or intentional homicide causing death, and the focus is on whether the perpetrator subjectively has the intention to infringe on the victim's health or deprive the victim of life.
Fu Jian believes that if it is found that the crime of abuse negligently caused the death of the child, and the crime of abuse is aggravated, the sentence may be more than two years but less than seven years. If the suspicion of intentional homicide causing death, the sentence may be more than 10 years in prison, life imprisonment, or the death penalty. If the previous act of ill-treatment alone constitutes the crime of ill-treatment, and the subsequent act is intentional homicide, the punishment for the crime may be combined.
Source: Aurora News Zhengguan News
Editor: He Jing
Review: Zhong Ling
Final review: Peng Deguang