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Girl torture case│Law Reform Commission advocates "no protection crime" caregiver can be exempted from criminal liability if notified

2021-04-21T07:18:33.751Z


The 5-year-old girl was repeatedly abused by her father and stepmother, and eventually passed away in a coma at home. Three years after the case, the father and stepmother were sentenced to life in prison for murder. The incident also aroused public concern about the protection of children.


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Written by: Golden Chess

2021-04-21 10:41

Last update date: 2021-04-21 10:41

The 5-year-old girl was repeatedly abused by her father and stepmother, and eventually passed away in a coma at home.

Three years after the case, the father and stepmother were sentenced to life in prison for murder. The incident also aroused public concern about the protection of children.

Xiong Yunxin, a member of the Law Reform Commission’s Subcommittee "Causing or Allowing the Death of Children or Vulnerable Adults", said today (21st) that the group recommended the establishment of a "crime without protection" during the previous consultation period. The relevant consultation report has been completed. Awaiting submission to the government for consideration.

He explained that under the "no protection crime" initiative, if a person has the responsibility to care for the victim, such as under the same roof, or a school teacher, he notices that the child is at risk of serious bodily injury and needs to be notified before criminal liability can be ruled out.

The Subcommittee on "Causing or Allowing Death of Children or Vulnerable Adults" of the Law Reform Commission recommended the establishment of a "crime without protection."

(Data Picture/Photographed by Zhang Meihua)

Xiong Yunxin said on the TV and TV program "Millenniums" today that the public consultation period for "no crime of protection" ended the year before. oil".

He said that in criminal assault cases, the prosecution must provide basic information on the assault, including the date.

However, in child abuse cases, it does not happen on a single day, and the children are too young to tell the abuse information, which increases the difficulty of prosecution.

Under the proposed "crime of no protection," living under the same roof, if a child is at risk of serious bodily injury, he must report it immediately.

He also added that reporting does not necessarily have to be reported to the police. If the foreign domestic helper notices that the child has injuries, he should report it to the child's parents, or consult the Social Welfare Department and other agencies. "If there is a notification, there is no criminal responsibility."

Xiong also pointed out that school teachers are legally responsible for taking care of students. Therefore, if students are found to be seriously injured, they can also be exempted from criminal liability if they report to the principal.

Xiong Yunxin said that the group recommended the establishment of a "no protection crime" during the earlier consultation. The relevant consultation report has been completed and is awaiting submission to the government for consideration.

(Data Picture/Photo by Gao Zhongming)

I was asked if the neighbor heard the "beating" of nearby units, would he fall into the French Open if he didn't report it?

Xiong Yunxin said that because neighbors do not have the responsibility to take care of, "bystanders are not against the law." However, whether to report morally requires everyone to think about it.

As for whether all people who live together will also be charged?

Xiong emphasized that it depends on the facts and evidence after investigation, but for example, if a child is admitted to the hospital with unusual injuries and lives with four adults, the four adults must be suspicious.

If the four people remain silent, the current law cannot be suspicious, but without the crime of protection, the four people can be charged if they prove that they have the responsibility to protect.

The chairman of the Association of Early Childhood Educators, Zhen Ke'an, was asked about his views on mandatory notification of child abuse. He said that if he can help strengthen the protection of children, there is generally no controversy. If criminal responsibility is involved, teachers and social labor unions will be more nervous.

He believes that it is very difficult to provide evidence for child abuse, and the ultimate thing to do is parent education. Prevention is better than cure.

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01News

Law Reform Commission, Child Abuse, Child Growth, Child Health

Source: hk1

All news articles on 2021-04-21

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