A mother was detained for beating her 30-year-old unmarried daughter with an iron rod

📅 2019-11-01 📂 Zhiming Hot Comments Zhiming Hot Comments [1] 🏷️ #PersonalInjury #CriminalLaw #Beating #Lawyers #LetterOfForgiveness

[2] A woman in Changzhou, Jiangsu, reported to the police that she was beaten by her mother with an iron rod.

 

Image source: Internet

 

[3] The mother, Wang, said her daughter is 30 years old and still unmarried, having previously worked and lived alone without much success. A year ago, the daughter returned to help at the family store, during which conflicts arose repeatedly. Lin was injured by her mother multiple times and called the police, but mediation led to no resolution.

 

[4] Recently, the mother bought a house for her son. The daughter believed this was favoritism toward males. During the argument, the mother, Wang, picked up an iron rod and severely beat her daughter, Lin.

 

Image source: Internet

 

[1] While beating someone, she shouted, "I'm hitting my own daughter, not someone else." [2] This reminds me of a previous case in Hunan where a 10-year-old boy killed his own mother and said matter-of-factly, "I killed my own mother."

 

[3] Currently, the mother has been detained. This time, Lin demands 80,000 in compensation, or else no mediation.

 

[4] (Mother Wang is detained) Image source: Internet
 

[5] To summarize:

[6] Mother Wang resented her daughter for not being married at 30.

[1] Haven't made a name for himself either;

[2] Daughter Lin was dissatisfied that her parents only bought a wedding house for their son;

 

A lawyer from Guangdong Zhiming Law Firm stated, [3] Assaulting others causing personal injury, but not yet constituting minor injury, may generally result in administrative detention and fines, along with corresponding civil compensation based on the circumstances of the case;

 

[4] However, if the injury caused to the other party reaches minor injury or above, criminal liability may be incurred;

 

[5] According to Article [number] of the Criminal Law,234条:Whoever intentionally inflicts injury upon another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever commits the crime mentioned in the preceding paragraph, causing serious injury to another person, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; if causing death or causing serious injury by particularly cruel means, resulting in severe disability, the offender shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death. Where this Law provides otherwise, such provisions shall prevail.

 

If the daughter signs the letter of understanding, will there be no prosecution?

 

Signing a letter of understanding does not mean the prosecution will necessarily decide not to prosecute, but if the mother obtains the daughter's written forgiveness, the likelihood of the prosecution not filing a public indictment can be greatly increased.

 

Article 290 of the Criminal Procedure Law: For cases where a settlement agreement is reached, the public security authority may recommend to the People's Procuratorate a lenient punishment. The People's Procuratorate may recommend to the People's Court a lenient punishment; for minor criminal offenses where punishment is not necessary, a decision not to prosecute may be made. The People's Court may impose a lenient punishment on the defendant in accordance with the law.

 

After all, the formulation of the Criminal Law is not simply about conviction and sentencing; its ultimate purpose is still to resolve disputes as quickly as possible and maintain social order. In this sense, the role of a letter of understanding is self-evident.
 

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