The defendant Qian Moumou, 24 years old this year, is the uncle of the murdered baby.
The prosecutor alleged that on the morning of November 25, 2019, Qian Moumou was in a community in Huaibei, his sister’s home. He suspected of being harmed by his parents, sister, and brother-in-law, so he snatched the baby Meng (born on November 13, 2019) from his sister Qian’s arms.
He ran to the living room balcony and threw Meng from the balcony window on the seventh floor, causing Meng to die on the spot. After identification, Meng was in line with the death of head injury caused by the high fall, and it was also identified that Qian Moumou had schizophrenia, and this case had the ability to limit criminal liability.
Qian Moumou faced the allegations and said that he had no objections.
The prosecutor interrogated Qian in court, why did he throw Meng downstairs? Qian Moumou said, “I felt that my family was going to harm me, so I killed her child and threw her down.” The prosecutor asked Qian Moumou whether he knew the consequences of throwing a 12-day-old baby from the seventh floor. “I just threw her down at the time, without thinking about that much.”
During the trial, the witness testimony showed that Qian had been suffering from schizophrenia for about five or six years and had been treated in a psychiatric hospital many times.
When the case happened, he had just been discharged from the hospital for a few days. On the day of the incident, the parents were discussing with them. Next, they would rent a house in Huaibei, or go out to work with their parents or go to the hospital again. Qian was unwilling and became irritable. His mother secretly called the mental hospital to ask someone to pick up him to the hospital but was found by Qian, who was very excited and beat her mother on the balcony and threatened to “Strangle you, throw you to death”, and was pulled away by his father and sister.
Then, the mother first went downstairs to pick up the psychiatric hospital vehicle, and then his father went downstairs. Qian went to the room to find his sister and kicked the bedroom door. After the sister opened the door, Qian Moumou came up and grabbed the child. The child slid to the ground, Qian Moumou immediately picked up the child, ran to the balcony of the living room, and directly threw the baby downstairs, causing the child to die on the spot.
After the incident, his family called the police and Qian Moumou was taken away from his home by the police.
The prosecution believes that Qian Moumou used the method of deliberately and illegally depriving others of life to retaliate by throwing Meng from a high-rise building and causing him to die on the spot. His behavior violated criminal law and should be held criminally responsible for the crime of intentional homicide.
The defendant’s defender proposed that Qian was confessed that at the time of the case, he was a first-time occasional offender in order to limit the capacity of the person, and the case was accidental and the social harm was relatively minor.
The case was not sentenced in court.