After this bizarre incident was reported by CCTV's Focus Interview, eight people were investigated for criminal responsibility. Nurse Liang Xiaohua was sentenced to two years' imprisonment by the Intermediate People's Court of Chifeng City, Inner Mongolia for abducting and selling children. Four public security leaders, including Shimou, deputy director of the Public Security Bureau of Hongshan District, Chifeng City, were convicted of dereliction of duty, and three hospital leaders, including Zheng, a reproductive health specialist hospital in Chifeng City, were convicted of dereliction of duty by staff of state-owned institutions, but they were all exempted from criminal punishment.
In April of 20 13, Lili (a pseudonym), a girl aged just over 18 in Chifeng, Inner Mongolia, found herself pregnant. Because I was young and ignorant, I didn't go to the obstetrics department of Chifeng Reproductive Health Hospital for induced labor until I was pregnant for more than 35 weeks on October 5, 20031165438. Lili's induced labor went smoothly, and the discharge list also stated the expenses for 20 yuan to deal with the dead baby.
But this is not the case. The child who was induced to labor was actually saved.
Liang Xiaohua, a delivery room nurse, confessed that before the induced labor operation, she gave Lili an internal examination. From the experience, she thinks that the children who induced labor have the possibility of survival, because when she was a student nurse, she saw examples of children who induced labor in big months.
Before Lili entered the delivery room, Liang Xiaohua called her cousin Wenmou and said that she would come to Chifeng if she wanted children. Wenmou asked her if she was a boy or a girl. She said she hasn't given birth yet, I don't know. After the article, I confessed, "My wife and I have been married for many years and have no children. I always wanted to have a child, and I also mentioned it to my cousin. "
At noon that day 12, Liang Xiaohua cooperated with two doctors to induce labor for Lili. Lili induced labor and gave birth to a baby boy with pale face, no breathing and no life reflection. The doctor thinks the baby is dead. Liang Xiaohua put the child in a plastic bag and put it in a special bag for storing medical waste in the storage room.
Later, Liang Xiaohua heard a child crying and took the child out of the plastic bag for rescue. She personally sucked sputum and oxygen for the child, ligated the umbilical cord and gave the child some glucose water. She found a baby suit left by other parturients in the storage room and put it on the baby radiation protection table in the delivery room. The child soon fell asleep.
Wenmou learned that the baby boy was saved and immediately rushed to Chifeng with his wife Liu. Liang Xiaohua said that her cousin wanted to give her money, but she didn't want it. At 4 o'clock in the afternoon, Liang Xiaohua led his cousin to the delivery room and took the baby boy away.
Zhang, a hospital cleaner, confirmed, "The disposal of dead infants with medical waste should be notified to me after the nurse packed them in garbage bags, and I will sign the handover form. But usually the nurse will sign it for me. On the same day, Liang Xiaohua did not inform me to pick up the dead baby. "
Afterwards, Lili felt that if the villagers with a sense of justice had not reported the case, she might never have known that her children were still alive in the world. Two days later, the police station of the Public Security Bureau of Arukerqin Banner in Chifeng City received an alarm from the masses, saying that the local resident Wen had a child of unknown origin.
After investigation, the Public Security Bureau determined the source and biological mother of the child, and invited the Hongshan District Branch of Chifeng City to assist in the investigation. On the third day after induced labor, Lili received a notice from the police in Arukerqin Banner that her induced child was still alive and now she is in Arukerqin Banner.
165438+1October 10. At the request of the police, Lili went to the public security bureau in Arukerqin Banner, more than 300 kilometers away, made a record with the police and made a DNA paternity.
The child who induced labor was abducted, and Lili and her family went to the hospital to discuss it. But when he arrived at the hospital, the hospital director insisted that the child was not abducted, but was taken away by the nurse and handed over to relatives. After recording the transcript, the police didn't give Lily an answer. They went to the public security bureau to ask, and the police officer only revealed that the child was in a local town.
Zhang, deputy head of the Criminal Police Brigade of Hongshan District Public Security Bureau, was ordered to investigate the case and grasped the fact that the baby boy was trafficked. On the morning of 12 18, we discussed with Zhang Moumou, deputy chief of the legal brigade, and decided not to file a case. On the afternoon of the same day, Zhang reported to Shimou, the deputy director in charge of the Interpol Brigade, and Shimou agreed not to file a case.
After that, Zhang arranged for personnel to conduct letters and visits without filing a case, and the letters and visits were not filed without criminal facts. On the morning of 19, Zhang and others delivered a decision not to file a case to Lili.
Lili applied for administrative reconsideration, which was received and accepted by Zhang Moumou. On February 25th, 65438, Zhang Moumou reported to Liu, the head of the legal team, and Liu confirmed that the case would not be filed. Liu reported to Guo, the leader in charge, and Guo proposed to discuss it in the director's office. On February 26th, 65438, the directors of Hongshan District Bureau, Liang Mou, Guo Mou, and Zhang Moumou, secretary of the Discipline Inspection Commission, took part in the study and made reconsideration opinions at the meeting to maintain the original decision not to file a case.
Lili felt unacceptable after receiving the reconsideration decision and complained to CCTV's Focus Interview. 1October 6 at 2014,65438, which was reported in the focus interview.
Judgment: The nurse committed crime of trafficking in children and did not bear civil liability for compensation.
Public opinion began to ferment. 6543818, nurse Liang Xiaohua was criminally detained by Chifeng Public Security Bureau on suspicion of crime of trafficking in children, and was later prosecuted to the Hongshan District Court of Chifeng City. Lili filed an incidental civil lawsuit, demanding that Liang Xiaohua pay 20,000 yuan for medical expenses, 80,000 yuan for transportation and attorney fees, 200,000 yuan for spiritual comfort, 800,000 yuan for maintenance and education, and * * * 165438+ 10,000 yuan.
The court held in the first instance that Liang Xiaohua, as a staff member of a medical institution, took the means of concealing the truth, and without the guardian's knowledge, privately sent the baby who survived the induced labor to Wenmou for raising, so that the baby was separated from the guardian's custody. This behavior violated the parent-child relationship between Lili and the induced baby and the legitimate rights and interests of the induced baby, which constituted crime of trafficking in children.
The court sentenced Liang Xiaohua to two years' imprisonment for crime of trafficking in children, but he did not bear civil liability for compensation to Lili, on the grounds that this did not belong to the direct loss caused by Liang Xiaohua's crime of abducting and selling children.
After the verdict was pronounced, both Liang Xiaohua and Lili refused to accept it and appealed separately. Liang Xiaohua's appeal reason is that her behavior does not constitute crime of trafficking in children, and she asks for acquittal.
2014101On October 26th, the Intermediate People's Court of Chifeng City, Inner Mongolia Autonomous Region upheld the original judgment.
The court held that Guo served as the deputy director of obstetrics in a specialized hospital and was in charge of delivery room work; Jiang, as the director of obstetrics in a specialized hospital, is responsible for the overall work of obstetrics, and fails to perform supervision and management duties on the delivery of stillbirths and stillbirths in delivery rooms; Gao, as the vice president of the specialized hospital and the chief of the general affairs department, neglected the collection and management of logistics stillbirths and stillbirths; As the director of the specialized hospital, Zheng was responsible for the work of the whole hospital, and failed to perform his management duties, which led to the long-term management loopholes of stillbirth and stillbirth handover, which led Liang Xiaohua to kidnap the surviving baby after induced labor.
After Liang Xiaohua's abduction of children was exposed by the media, it had a bad influence on society and damaged the reputation of state-owned institutions. The actions of the four people have constituted the crime of dereliction of duty in state-owned institutions.
The four persons involved in the case, whether the main undertaker Zhang, the approver Zhang Moumou and Shimou, or the reconsideration undertaker Liu, did not make a decision to file a case according to law, nor did they put forward opinions on transferring the materials under the jurisdiction of Aqi Public Security Bureau in accordance with the jurisdiction regulations, nor did they report to Chifeng Public Security Bureau for designation of jurisdiction. It is a hasty decision to reconsider and maintain the decision not to file a case, which is not the correct performance of duties.
The verdict also wrote: "Focus Interview" is an influential in-depth report in powerful media, and its report has aroused great concern from all walks of life. It can be concluded that the dereliction of duty of the four defendants has a causal relationship with the bad social influence.
All four are staff members of state organs, so their actions have constituted the crime of dereliction of duty. Considering the collective decision-making behavior of this case and the scattered responsibilities, four people are not decision makers. The crime is less subjective and vicious, and the circumstances of the crime are minor. The court sentenced four people to be guilty of dereliction of duty, but they were exempted from criminal punishment.
All four defendants refused to accept the appeal and filed separate appeals.
Zhang and Zhang Moumou believe that the court did not conduct a factual review of the contents of Focus Interview. They are only case handlers and have no right to decide whether to file a case, so they do not constitute the crime of dereliction of duty.
Liu believes that this is a case of "news media kidnapping law". The first trial was based on inaccurate news media reports, and he carefully reviewed, requested and executed the report during his reconsideration. No dereliction of duty.
Shimou thinks that he has fulfilled his obligations and is indirectly responsible.
On May 25th, 20 17, Chifeng Intermediate People's Court upheld the original judgment.
This case is really a mystery, and medical treatment should be transparent and open.