After the menstruation of the two obitheries, the uterus was forced to remove the uterus. The court determined that the intentional injury was

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On the afternoon of April 14, 2005, at the Chengdong Hospital of Nantong City, two dementia girls in a welfare hospital in a city in the city were experiencing a compulsory uterine full resection surgery.

Without knowing this, they had quietly lost their fertility organs under the doctor’s operating knife.Who is behind the scenes?Why do you hurt them?

The cause of the incident is that the two girls who were removed from the uterus came from a welfare house in Nantong City, and both suffered from severe spiritual development. After their menstruation, the nursing workers in the welfare home believed that they had increased their care of their care.Deputy Dean Chen complained about the matter.

Chen learned that the incident had discussed with Miao, the dean of the welfare institute. She said: "The caregiver feels that taking care of these two dementia girls is too troublesome, and often come to me to complain. Anyway, they have no fertility.Uterine resection is to reduce the nursing work. It is not time for the nurses to strike at that time. "

Miao realized the absurd suggestions made by Chen, and only to reduce the nursing work of his welfare home, he was cruel to the two girls.

Later, Chen contacted the doctor Su Mou and informed that the two dementia girls performed uterine resection. Su promised and was ventilated with another doctor Wang Mou.People are angry.

After discussing with the leaders of Chengdong Hospital of Nantong City and other doctors, Wang agreed to surgery the two dementia girls of the welfare hospital in the hospital.

On the morning of April 14th, the welfare home sent two dementia girls to the hospital and had a preoperative examination. The results of the inspection showed that the two girls were normal pelvic cavity.But they still have to perform surgery, regardless of the girl’s life and death, violated medical ethics.

Subsequently, Chen, as a representative of the welfare institute, signed on the two girls’ surgical consent, and the afternoon of the same day.

Wang and Su did not report to it and did not register in accordance with the hospital’s relevant regulations. They went to Chengdong Hospital without authorization to perform a secondary resection of the two girls.

In this way, they lost their uterus, and their intelligence had disability. Even their bodies were incomplete. It was pitiful. The four people who planned the operation were hateful to the child’s ruthlessness for their selfishness.

The next day of the operation, Chen and Miao, the two presidents of the welfare home, reported the matter to the Nantong Civil Affairs Bureau. On April 20 of the same year, the two doctors Wang Mou and Su also explained to the hospital where they were located.The situation of this operation.

After the forensic identification of the Nantong Public Security Bureau, the Nantong Intermediate People’s Court, and the Nantong Municipal People’s Procuratorate, the two girls involved were removed and were seriously injured.

As a result, the court ruled that the above four suspects Chen, Miao, Wang, and Su Mou constituted intentional injury and belonged to common crimes.

However, the above four people argued the case, and did not think that he was a crime. Chen and Miao thought that the two dull girls had no marriage and fertility. Repeating uterus was to prevent accidental pregnancy and reduce the burden of girls.Su Mou believes that their surgical behavior is in line with medical accidents and cannot constitute a crime.

In this regard, the court did not recognize their claims, and believed that the four defendants had the subjective psychology of intentionally hurting the two girls, and caused serious injuries and constituted intentional crimes.

However, the court believes that they all have the first plot, and the crime is average, and the subjective malignant is small.

First of all, Chen and Miao believed that the two dull girls did not have the views of marriage and fertility and did not have legal support.

Although Chinese law stipulates that the marriage is invalid, it does not clearly specify that intellectual disabled people cannot get married.

At the same time, the law did not prohibit the fertility of intellectual disabilities, so the two dumb girls enjoyed at least fertility. Chen and Miao had to argue that they were not guilty without certain legal basis.

No agency authorized them to decide to have the surgery of the uterus of the two obither girls. Therefore, Chen, Miao’s behavior violated the law.

Article 234 of the Criminal Law of the People’s Republic of China stipulates that if it intentionally hurts others, it will be sentenced to imprisonment, detention or control of less than three years.If the crime of committing the previous paragraph is seriously injured, it will be sentenced to imprisonment of less than three years and less than ten years; if the death of a person or serious injuries will cause severe disability, it will be sentenced to more than ten years in prison, life imprisonment or death sentence.

The four defendants in the above case also argued in the trial that their behavior did not meet the criteria of the criminal law on the crime of intentional injury, because they did not intentionally hurt the body of the two dull girls, but only removed their uterus.

However, the uterus is also the organ of a natural person, which constitutes its own body. Therefore, the behavior of the four defendants hurts the two obterive girl’s palace, which actually hurts their bodies.And they all deliberately hurt the subjective psychology of the two dull girls. Judging from the process of joint discussion of uterine resection, they jointly constitute the crime of intentional injury.

Article 67 of the Criminal Law of the People’s Republic of China stipulates that the case is automatically voted after the crime, and those who truthfully confess their crimes are surrendered.For surrender criminals, punishment can be lighter or reduced.Where crimes are relatively minor may be exempted from punishment.

Because the four defendants took the initiative to report the matter to the relevant units after the operation. When the public security was summoned, they confessed the facts of the case and conforming to the surrender of the circumstances, so they could be punished lightly from them.

At the same time, although they deliberately hurt the psychology of the two dull girls, the subjective malignant is less, not simply performing the operation just to hurt them, and the crime plot is average, so the court ruled that they could punish them lightly.

As a guardian agency for the two obterive girls, the doctor, as an ambulance, has not been able to remove the girl’s uterus without any legal permission.The moral purpose is more important to offend the law.

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