Supreme Court: For Domestic Violence Crimes That Merit Severe Punishment or Even Death Penalty, Sentences Shall Be Firmly Imposed According to Law

“People’s Courts Severely Punish Various Forms of Domestic Violence Crimes in Accordance with the Law, and Firmly Sentence Offenders to Severe Punishment or Even Death for Intentional Homicide, Intentional Injury, and Other Crimes That Seriously Infringe Upon Citizens’ Personal Rights.” On November 25, marking the International Day for the Elimination of Violence against Women, the Supreme People’s Court and the All-China Women’s Federation jointly released five typical cases of anti-domestic violence crimes. The Supreme Court stated that it will resolutely and severely punish in accordance with the law criminals who commit domestic violence with brutal means or cause serious consequences, as well as those who commit domestic violence due to vices such as alcoholism, drug addiction, and gambling, and whose circumstances are malicious.
The Paper noted that the five cases released this time involve crimes such as intentional homicide, intentional injury, and maltreatment, which are typical domestic violence crimes; the victims include not only family members but also individuals living together outside the family; the types range from the most common “wife beating” and “child beating” to homicides triggered by domestic violence and criminal liability for violating personal safety protection orders.
In one case, the perpetrator of domestic violence, dissatisfied with the victim’s initiation of divorce proceedings, premeditated the murder of his wife and was sentenced and approved for the death penalty by the court.
The case showed that the defendant, Xie Xuyu, and the victim, Wen X (female, 31 years old at the time of her death), registered their marriage in March 2014. After marriage, Xie Xuyu was addicted to gambling all year round, and both families had to sell their houses and other assets to repay his huge gambling debts. Xie Xuyu also repeatedly beat and insulted Wen X without reason, and even stabbed her with scissors, causing her multiple injuries. In January 2021, after being beaten again, Wen X returned to her parents’ home and filed for divorce. Xie Xuyu was unwilling to divorce and threatened to kill Wen X. On July 7 of the same year, Wen X filed a divorce lawsuit in court, and Xie Xuyu, after receiving the court’s summons, threatened to kill Wen X again. At around 7 a.m. on July 9, Xie Xuyu carried a knife and waited near Wen X’s parents’ home, intending to commit the offense, but failed because he did not encounter Wen X. The next day, Xie Xuyu carried a knife and waited again. At around 8 a.m., when Wen X left for work, he pulled her to the platform at the staircase corner, threatened her to withdraw the lawsuit, and when she refused, stabbed her several times, causing her death on the spot. After the crime, Xie Xuyu fled to the rooftop and was arrested by the police who arrived after receiving the alarm.
The effective ruling of the court determined that the defendant, Xie Xuyu, intentionally and unlawfully deprived others of their lives, constituting the crime of intentional homicide. Xie Xuyu was addicted to gambling all year round and repeatedly committed domestic violence against his wife. Dissatisfied with his wife’s initiation of divorce proceedings, he premeditated and killed her. His motive was vile, the circumstances of the offense were malicious, and the crime was extremely serious.
Therefore, Xie Xuyu was sentenced to death and deprivation of political rights for life for intentional homicide. With the approval of the Supreme People’s Court, Xie Xuyu has been legally executed.
The Supreme Court stated that cases where perpetrators of domestic violence commit serious violent crimes such as intentional injury or intentional homicide due to dissatisfaction with the victim’s initiation of divorce occur frequently, seriously disrupting family harmony, affecting social stability, and causing strong indignation among the people. For such cases, the people’s courts comprehensively consider sentencing factors such as the cause of the case, motive for the offense, fault liability, means of the crime, and harmful consequences, and severely punish them in accordance with the law. Those who deserve severe punishment will be firmly and severely punished, and those who should be sentenced to death will be firmly sentenced to death.
“In this case, the defendant Xie Xuyu not only had a gambling addiction and frequently beat and insulted his wife but also premeditated retaliatory murder due to dissatisfaction with his wife’s initiation of divorce. The nature of the offense was extremely malicious, and the consequences were particularly serious.” The Supreme Court stated that the people’s court legally sentenced Xie Xuyu to immediate execution of the death penalty, which not only demonstrates a clear attitude of severely punishing serious domestic violence crimes but also aims to effectively deter crimes and warn perpetrators and potential perpetrators that family is not a fig leaf for violence, and those who wantonly trample on others’ dignity, health, and even life will be severely punished by the law.
The Supreme Court also emphasized that in punishing domestic violence crimes, a criminal policy of combining leniency with severity should be adhered to. Neither should leniency be simply applied because such cases occur within the family, nor should severity be applied uniformly. Instead, leniency should be applied where appropriate, severity where necessary, leniency and severity should be combined, and the punishment should fit the crime. On the one hand, criminals who commit domestic violence with brutal means or cause serious consequences, as well as those who commit domestic violence due to vices such as alcoholism, drug addiction, and gambling, and whose circumstances are malicious, should be severely punished in accordance with the law. At the same time, for those who have suffered severe physical and mental harm due to long-term domestic violence and, unable to endure it, angrily injure or kill the perpetrator, comprehensive consideration should be given to factors such as the cause of the case, the nature of the behavior, and the victim’s fault, and leniency should be applied in accordance with the law.