Incredibly, Xiaoyun's family didn't know the fact that she was pregnant and gave birth until the tragedy happened. When Xiaoyun was 3 years old, his parents divorced. After that, she followed her father and never saw her mother again. However, his father often works outside the home, and Xiaoyun has lived in school since primary school. At the age when she should enjoy the warmth of family, she learned to keep company with loneliness early.
In 20 18, 16-year-old Xiaoyun entered a local vocational school. In June of the same year 165438+ 10, she met Kobayashi (a pseudonym) of similar age when she worked part-time outside school. Subsequently, the two began to associate and have a relationship. This love lasted about half a year. After June 2065438+2009, Xiaoyun deleted Xiaolin WeChat and the phone was blacked out. There is no contact between the two sides.
Soon after, Xiaoyun found herself pregnant. She tried to go to the hospital to have an abortion, but because she is not an adult, the hospital will not have an abortion. Seeing her belly bulging day by day, Xiaoyun could only put on thick clothes and try to hide it. Father met her by chance and found nothing unusual. He just thinks his daughter is getting fat.
After pregnancy, Xiaoyun took it alone. She didn't have the care that pregnant women should have, no prenatal examination, and no one even complained. In the end, she chose the most extreme method to face the birth of the baby.
From June 5438 to February 2020, Xiaoyun was prosecuted on suspicion of intentional homicide. Before the trial, Xiaoyun took the initiative to sign the letter of commitment to plead guilty and punish, and she showed great remorse for her actions. Xiaoyun's defender said that she was in labor suddenly, without any psychological preparation, afraid of being found out (pregnant and having a baby), and then lost her mind.
The case was not pronounced in court. After hearing the case, the Intermediate People's Court of Baotou City, in accordance with the Criminal Law, the Criminal Procedure Law, the Community Correction Law and other relevant rules, issued a Letter of Entrusted Inquiry Evaluation to Xiaoyun's domicile and the judicial bureau of his domicile, and entrusted the judicial administrative department to make a social inquiry about Xiaoyun's influence on the community where he lived.
Xiaoyun's father recently told the Red Star journalist that the Judicial Bureau of Kundulun District, Baotou City, where Xiaoyun lived, commented on Xiaoyun's refusal to accept community correction on the grounds that Xiaoyun and his father lived in a house that was not their own. The Judicial Bureau of Jiuyuan District, Baotou City, where Xiaoyun's household registration is located, refused to accept it on the grounds of separation.
The relevant person in charge of the Community Correction Department of Baotou Municipal Bureau of Justice said in an interview with Red Star News that according to the Community Correction Law, the court can entrust the local judicial administrative organ to evaluate the social harm of the defendant before the "probation". But the evaluation of social harmfulness will not affect the court's decision. Xiaoyun's father showed that as a father, he deeply blamed himself and still hoped to give his daughter a lighter punishment.
How do minors return to society from the beginning after breaking the law? Experts: The policy of education, infection and rescue is adopted, and all parties participate in the supervision, management and education aid. Yu, deputy director of the Beijing Youth Legal Aid and Research Center, said in an interview with Red Star News that the Law on the Protection of Minors stipulates that the principle of education, probation and salvation should be implemented for minors who violate the law, and the principle of giving priority to education and supplementing rewards and punishments should be adhered to. Xiaoyun is a minor in violation of the law and fashion, and should be given a lighter or mitigated punishment.
Together, according to the provisions of the Community Correction Law, the community correction resolution organ may entrust the community correction arrangement or social arrangement to inquire and evaluate the social danger of the defendant or criminal and its impact on the community where he lives. This also means that the court can entrust the judicial office and other community correction arrangements or third-party social arrangements to make the above evaluation. Moreover, the inquiry evaluation is not conclusive, it is for reference only, and ultimately it needs a court ruling.
"If Xiaoyun is sentenced to probation, he will be corrected by the community. In addition to local community correction arrangements, neighborhood committees, including Xiaoyun's father and other guardians, as well as local Communist Youth League, women's federations and other group arrangements, must participate in the supervision and management of her, help her know how to correct her mistakes, stop illegal activities, and integrate into society as soon as possible. " Yu said.