When it comes to the discarded children, Xiao Hua covers the face and weep. After the birth of the baby girl in the dormitory, Xiaohua (a pseudonym) directly throws the child out of the dormitory window. The Beijing News reporter learned that, because the baby girl fell into a garbage heap, the cleaning staff picked up it and sent it to the doctor in time to save a life. Yesterday morning, the case was heard in Chaoyang Court and sentenced in court. Xiaohua was sentenced to two years imprisonment and three years probation for intentional homicide. After the court, Xiao Hua was brought to tears. She said that the child was still in the welfare home, but he was not married or had the ability to raise and did not want to take the child back. After production, the baby is thrown out of the two floor window. Xiaohua, 22, is 1.75 meters tall. She has dropped out of school in the second year of her junior high school. She has been living in a dormitory since she worked in Beijing. Because she is tall and thin, and she never sees pregnancy. A roommate testified in court that Xiao Hua had been pregnant for 10 months and his roommates did not see it. It was not until a few days before the incident that she took the initiative to inform everyone of the pregnancy. According to the prosecution, Xiao Hua gave birth to a girl in a dormitory in Chaoyang District, Beijing, in March 16, 2017 at 8 hours, and threw it from the window of the two floor to the downstairs garbage dump, and the baby was picked up and sent to the hospital for treatment. There are 4 people in our dormitory. When we sleep at night, we always pull thick curtains. When we get up that morning and see a big blood in the room, we are all scared to cry. Xiao Huas roommate told the new Beijing News reporter that the women workers were at work at ordinary times, and the exchange with Xiao Hua was not much. Everyone did not dare to ask how to go to work. About an hour later, the cleaning staff found that the baby was not cut off even when it was cleaning up the rubbish heap. The diagnostic certificate issued by the hospital showed that the baby was stable in vital signs, V - shaped skin rift in the forehead, about 5 cm long, deep fasciae, a little bleeding, unbroken umbilical cord and frontal and facial trauma. Neonatal umbilical inflammation, brain development deformity, neonatal hypoxic ischemic encephalopathy. Infringement of the right to life and health of the newborn After receiving the phone call from the police, Xiaohua took the initiative to bring the case to the public security organ and was prosecuted by the public prosecution organ for intentional homicide. Yesterday morning, because of personal privacy, the case was not heard in public. It is understood that Xiaohua has no objection to the prosecutions allegations and pleaded guilty in court. His defense lawyer, Wu Song, thinks that the small Chinese first offender belongs to the indirect intentional crime, the subjective malignancy is small and the crime is unaccomplished, and it has the initiative to surrender and confess repentance and so on. It is suggested to apply probation to it. According to the court, Xiao Hua did not carry out any cleaning and parcels, threw naked newborns from the two floor to the first floor of the rubbish dump with poor sanitary conditions, violated the right to life and health of the newborn, and constituted the crime of intentional homicide. In view of the timely treatment of the baby girl, the crime was not attempted because of the cause of Xiao Huas will, and the crime was unattempted; and after receiving the police telephone, he came to the case voluntarily, and confessed the crime, which belonged to himself, so the punishment was mitigated according to law. The court decided that Xiaohua was guilty of intentional homicide and sentenced to two years imprisonment and three years probation. After the sentence, Xiao Hua said that he did not appeal. The presiding judge also admonished Xiaohua and legal education in court. Young people should have a sense of responsibility and a sense of law. They should regulate and restrain their behavior. Once a similar situation occurs, we must be brave enough to take legal responsibilities and obligations. Visit 1 Why is the crime of homicide rather than the crime of abandonment? Abandonment subjectively wants children to be picked up instead of laissez faire. The Beijing News reporter learned that Xiaohua was arrested in criminal detention according to the crime of abandonment, while in the stage of public prosecution, the public prosecution organ decided to charge it as intentional homicide. However, Xiao Huas behavior is different from the crime of abandonment. She dump the naked newborn baby in the garbage dump, and in very poor hygienic conditions, it will cause infant death in the cold weather of March. As an adult, Xiao Hua should understand the situation, so she has the intention of letting the child die, and the act of illegally depriving others of her life constitutes a crime of intentional homicide. The Civil Affairs Department has the right to recover custody, and the power organ will pursue responsibility. After the trial, Xiaohua said he had not seen the children in the welfare home, nor did he want to take the children back. Obviously, if there is a natural parent who can not be taken back, where should the child go? Bao Hua, a lawyer and partner of the law firm of Anli, believes that Xiao Hua is the legal guardian of the child, knowing that he has a guardianship responsibility. If the relevant departments of the welfare home and other relevant departments do not return the instructions, they will be investigated for criminal responsibility. Bao Hua said, first of all, sentence suspension is not equivalent to not breaking the law, but not conditional detention. Xiaohua needs to report regularly to the community. If the Welfare Institute finds that she does not take the initiative to pick up her child, she can report to the competent civil affairs department and ask the civil affairs department to deal with it. If Xiaohua still refuses to pick up children after work, the Civil Affairs Department has the right to recover custody rights and to further investigate its criminal responsibility by the power organ. The first thing to investigate is to cancel the probation and decide whether to pursue the crime of abandonment. No marriage, no ability to raise children. Yesterday, Xiao Hua, who was released on bail, came to court. She was slender, sluggish, occasionally chatting with her roommate, with a low voice, unable to hear clearly. At the time of the incident, Xiao Hua was just 21 years old. She said he started working after dropping out of school, and did not listen to his parents. He came to work in Beijing from his hometown and began to have a boyfriend. At ordinary times, she seldom communicated with her dorm roommates and had a relationship after she had a boyfriend. After breaking up with her boyfriend for a few months, Xiao Hua found something unusual. Her waist began to ache. She was tested with a pregnancy stick and found that she was pregnant. As for why not aware of the physiological period of abnormal, Xiao Hua said that there would be little before, so there was no doubt about their pregnancy, when the test came out, the abortion was too late. Until the morning of the crime, Xiao Hua began to ache. She did not want to recall too much about the production. She just said that when she had a stomach ache, she squatted on the ground and gave birth to a child. Xiao Huas parents had raised the question of bringing her child home to support her. Im not married yet, Im not married. She repeated this remark many times, saying that she had a new boyfriend, but did not tell him all about it. In addition, there are still some postpartum complications, such as chills. Now, Xiao Hua still works in the original factory. Whenever she mentioned the child, her tears could not stop falling. She said she wanted to know the situation of the child, but she was not married or had the ability to raise. She did not want to take her child back. You are the mother of a child, and you have to assume your responsibilities and obligations. You are young. We dont want any other misfortunes. The judge said, and reminded young women to protect themselves emotionally, avoid related incidents, and find out problems in time to go to the hospital for examination. Source: Beijing News Editor: Ji Xue Ying _NN6784 Xiao Huas parents had raised the question of bringing her child home to support her. Im not married yet, Im not married. She repeated this remark many times, saying that she had a new boyfriend, but did not tell him all about it. In addition, there are still some postpartum complications, such as chills. Now, Xiao Hua still works in the original factory. Whenever she mentioned the child, her tears could not stop falling. She said she wanted to know the situation of the child, but she was not married or had the ability to raise. She did not want to take her child back. You are the mother of a child, and you have to assume your responsibilities and obligations. You are young. We dont want any other misfortunes. The judge said, and reminded young women to protect themselves emotionally, avoid related incidents, and find out problems in time to go to the hospital for examination.