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No. 3 of Five Model Cases Involving Legal Punishment of Crimes of Infringement on the Rights and Interests of Children Published by the Supreme People's Court: People v. Liao for Intentional Homicide
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最高人民法院公布五起依法惩治侵犯儿童权益犯罪典型案例之三：廖某某故意杀人案
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【法宝引证码】
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No. 3 of Five Model Cases Involving Legal Punishment of Crimes of Infringement on the Rights and Interests of Children Published by the Supreme People's Court: People v. Liao for Intentional Homicide
最高人民法院公布五起依法惩治侵犯儿童权益犯罪典型案例之三：廖某某故意杀人案
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[Key Terms]
newborn baby ; abandon ; intentional homicide ; confession ; leniency
[核心术语]
新生婴儿;遗弃;故意杀人;供述;从轻
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[Disputed Issues]
How shall the actor be punished if she abondans her newborn baby and causes the baby to die without timely care, and faithfully confesses to her crime after being arrested?
[争议焦点]
行为人将自己的初生婴儿遗弃，致新生婴儿因未得到及时照料而死亡，归案后能如实供述自己的罪行的，应如何论处？
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[Case Summary]
Intentional homicide means an act of intentionally depriving others of life in violation of law. The actor has committed the crime of intentional homicide since she abandoned her own newborn baby and caused the baby to die without timely care i.e. the actor was aware that abandoning the newborn baby may cause the death of the baby but took no action...
[案例要旨]
故意杀人是指故意非法剥夺他人生命的行为。行为人将自己的初生婴儿遗弃致新生婴儿因未得到及时照料而死亡即行为人明知遗弃初生婴儿的行为可能导致婴儿死亡的结果仍予以放任...
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| No. 3 of Five Model Cases Involving Legal Punishment of Crimes of Infringement on the Rights and Interests of Children Published by the Supreme People's Court: People v. Liao for Intentional Homicide | | 最高人民法院公布五起依法惩治侵犯儿童权益犯罪典型案例之三：廖某某故意杀人案 |
| 1. Basic Facts | | (一)基本案情 |
| The defendant surnamed Liao (18 years old at that time) got pregnant when she dated with her boyfriend and afterwards they broke up. In February 2012, Liao went to work in a factory in Dongguan City. Around 01:00 on July 8, 2012, Liao gave a natural birth to a baby boy in No. 2 shower room of No. 3 staff dormitory building of this factory. Afterwards, Liao abandoned the baby boy on the floor of the shower room without taking any protective measures, returned to her dormitory alone to bring a towel, went to No. 4 shower room to wash away the blood on her body, and then went back to the dormitory to sleep. Around 15:00 on the same day, it was found that the baby boy died in No. 2 shower room. After receiving the report of a case, public security officers went to the staff dormitory and arrested Liao. | | 被告人廖某某(时年18岁)与其男朋友交往期间怀孕，后二人分手。2012年2月，廖某某到东莞市某厂打工。2012年7月8日1时许，廖某某在该厂员工宿舍三楼冲凉房2号房内自然分娩产下一名男婴。后廖某某将该男婴遗弃在冲凉房地板上，未采取任何保护措施，独自回宿舍拿毛巾到冲凉房4号房将身上的血迹洗掉，然后回到宿舍睡觉。当日15时许，该男婴在冲凉房2号房被发现已死亡。公安人员接到报案后，赶到员工宿舍将廖某某抓获。 |
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