A step -mother Liang Xin (pseudonym) in a city had a dispute with her husband Sun Qian (pseudonym), and decided to retaliate against the child.By buying lead brushing powder on the Internet, it adopts the method of incorporating into the beverage and sprinkled toys toys twice to poison the steps of only 2 years old and lead to its ultimate death.After the court sentenced the first instance, his stepmother Liang Xin was sentenced to death and deprived of political rights for life.
And 13 days before the steps of his descendants Liang Liang, Liang Xin and Sun Qian’s son were born.Can women who are still breastfeeding be executed?What are the protection of pregnant women and lactating women in the Criminal Law?
Pregnant women and lactating women are special legal subjects. In practice, they are used to "two women".During the suspected criminal crime, due to the special identity of the "two -stage women", the Criminal Law, the Criminal Procedure Law and related judicial interpretations based on humanitarian considerations give different degrees of special care to these special groups.
Article 65 of my country’s "Criminal Procedure Law" stipulates that women who are pregnant or defendant are pregnant or breastfeeding their babies who take the bail pending trial without social danger.
Article 72 of the Criminal Procedure Law stipulates that criminal suspects and defendants who meet the conditions of arrest, but have special circumstances, can monitor and live, including women who are pregnant or breastfeeding their babies.
Article 254 of the Criminal Procedure Law stipulates that a person who has been sentenced to life imprisonment, sentenced to imprisonment or detention, if a woman who is pregnant or is breastfeeding her baby may be temporarily implemented.
Article 49 of my country’s Criminal Law stipulates: "Women who are pregnant during the trial are not applicable to the death penalty." Article 251 of the Criminal Procedure Law also stipulates that during the execution of the death penalty, if a criminal is pregnant And immediately report the Supreme People’s Court, which by the Supreme People’s Court; if the ruling is stopped, the Supreme People’s Court shall be reported to the Supreme People’s Court to change the judgment in accordance with the law.
In addition, for the places where the law agreed to blur, it is further clarified through judicial interpretation to the fuzzy zone through judicial interpretation, and further clarify the abortion, during the period of pregnancy, and whether the death penalty period is included.
The "Supreme People’s Court’s Answers on Specific Criminal Criminal Criminal Cases in the People’s Court of the People’s Court on September 20, 1983" answered the issue of artificial abortion: before the case was sued in the people’s court, the defendant (pregnant woman)During the detention; or when the court accepted the case, the defendant (pregnant woman) was aborted and should still be regarded as a pregnant woman who did not apply to the death penalty.
The "Supreme People’s Court’s Answers on Specific Criminal Criminal Cases in the People’s Court of the People’s Court of the People’s Court on December 30, 1983 (2)"Clear: The death penalty is not applied to the execution of the death penalty immediately, as well as the failure to be applicable.
On March 18, 1991, the Supreme People’s Court Research Office stated in the "Call for How to Understand" Call for Women who Pregnant Women in Troubleshooting "."In violation of the national family planning policy, whether it is naturally aborted or the length of the prosecution or trial period after an artificial abortion or abortion is regarded as "women who are pregnant during the trial" and do not apply to the death penalty.
The "Supreme People’s Court’s approval of the Supreme People’s Court on whether the death penalty may be applied to the death penalty during the detention of pregnant women during the detention" continued the above position and responded toAfter the crime is naturally aborted during the detention, and if the same fact is prosecuted and delivered to the trial, it should be regarded as a "woman who is pregnant during the trial", and the death penalty is not applicable according to law. "
Through relevant laws, we can conclude that only women who are pregnant during the trial can be exempted from the death penalty.
In this case, the stepmother was born with her husband’s child when she was poisoned. It did not meet the conditions of pregnancy during the trial. At the same time, Chinese law had no special care for the application of the death penalty for lactating women. Therefore, the court’s sentence was reasonable and legal.
Text 丨 Lawyer Wang Jianan Criminal Business Department
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