Hubei Province


Domestic Case Law

朱朝春虐待案,武汉市中级人民法院 (People's Procuratorate of Wuhan City Hubei Province v. Zhu) Intermediate People's Court of Wuhan Municipality (2011)

Domestic and intimate partner violence

The appellant and the deceased were divorced in 2007 but continued to live as a married couple until the incident.  The appellant had a history of physical abuse. On the day of the incident, the appellant again beat the deceased with a leather belt, causing her to commit suicide. On the same day, the appellant turned himself in. The lower People’s Court held that the appellant had continuously beaten the deceased, causing her to endure physical and mental damage and commit suicide, and his actions constituted the crime of abuse. The appellant was sentenced to five years of imprisonment. Upon appeal, the Intermediate People’s Court upheld the conviction and affirmed the decision.


2007年11月,被告人朱朝春与被害人刘祎协议离婚,但仍以夫妻名义共同生活。至案发前,被告人经常因感情问题及家庭琐事殴打被害人。案发当日,被告人持皮带抽打被害人,致使被害人持刀自杀。当日,被告人投案自首。湖北省武汉市汉阳区人民法院经审理认为,被告人经常性、持续性地采 用殴打等手段损害家庭成员身心健康,致使被害人不堪忍受身体上和精神上的摧残而自杀身亡,其行为已构成虐待罪。法院以虐待罪判处被告人有期徒刑五年。武汉市中级人民法院经依法审理,裁定驳回上诉,维持原判。