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The author:(作者)aaapublished in(发表于) 2013/12/16 0:44:51 Starving to death her two daughters drug addiction mother convicted of journeys _ Sina news
Starving the drugs the mother of two daughters was sentenced last goodbye
Jiang Jianan Ding Hongxia
In June 2013, Jiangning district was a tragedy of two young children were starving to death in the home, the case received wide attention. On September 18, the Nanjing municipal intermediate people's Court in accordance with the accused, the mother of two girls Le Yan held a public hearing, after the day's hearing, the Court of first instance adjudged, Le Yan committed voluntary manslaughter and sentenced to life imprisonment, deprived of political rights for life.
Two young girls starve
, June 21, 2013, qilin town, Jiangning district, Nanjing City police station community police Le Yan ping Wang Yuan-site visits to area residents (female, 22), found no answer, swallow the phone is shutdown. Wang Pingyuan feel something, they called in a locksmith opened the door and found two girls at the door, one at the bedside, were not breathing, who is Le Yan, aged 3 and 1 year old daughter. In February 2013, the boy's father Li Wenbin drugs caught, end of August 2013 release. The investigation, Le Yan has a history of drug abuse. Their two daughters, usually raised by Le Yan himself, but Shi Leyan unaccounted for. To search by the police, Le Yan was captured the suspects at large.
On September 18, 2013, the intermediate people's Court of Nanjing second public hearing of the Tribunal prosecutors to prosecute intentional homicide for the girl's mother Le Yan.
Prosecutors believe that Le Yan knew two children do not have self-care ability, in the case of unaccompanied are dying of hunger, but did not go home until the incident took place on June 21, killing two children and in the home, neglect and causing tragedy. Therefore, should be based on voluntary manslaughter Le Yan criminal accountability.
Trial tenderness once again disclosed some details and information in people's hearts.
Shortly after 9 o'clock, court hearing began, defendant Le Yan was put on trial. Shoulder length hair get in front of this accusation was only 22 years old mother's face. It is understood that she was pregnant before she was arrested by the police.
The trial, every now and then she whispered Weeps, has twice requested a recess. A range of evidence provided by the Prosecutor's allegations and, apart from a few details, she admitted, not too many shadows.
Prosecutors showed a wide range of evidence, including crime and Shi Leyan home videos and photos of the incident before, once again, was saddened by audit staff and media reporters. Video and photos show that they lived in a House is very messy, with children's faeces and litter strewn on the floor, kitchen pots do not wash clutter stacked in there. Prosecutors introduced, some pots, and even mold.
Prosecutors accused in late April 2013, Le Yan two children locked in the master bedroom, reserved for children only a few foods such as bread and a pitcher of water and locks the left, until the time of the murder were not home. During this time, she has been playing close to home, also went to the community took relief funds. After the incident, police in a place not far from her residence to be captured.
On June 21, when the bodies of two children were found mummified. Described as courtroom testimony of forensic medicine, certified, two children are free from mechanical injury and basis for common toxic poisoning, therefore does not rule out its failure due to dehydration, hunger, disease and other factors was killed.
Introduction of forensic medicine, formation of the mummy is often associated with dehydration, judging from the child's remains were found, children died more than two weeks.
Kids long to eat cheap bread
Le Yan was born in January 2011 by Li Mengxue, also in that year, her drug use and her boyfriend met Li Wenbin, cohabitation. In March 2013, also gave birth to daughter Li Tong.
The trial, Le Yan explained, over the years, she and her boyfriend Li Wenbin drugs cost more than 100,000 yuan. If it wasn't for drugs, they are perfectly capable of raising two children, but also can be very fulfilling. However, they eventually took to the road, got himself killed children.
According to prosecutors allegations, Le Yan boyfriend in March this year after drug sentence, she started raising two children alone. During that time, communities and raising children relative to cost about 5,000 yuan, but Le Yan to be around 3,000 dollars for drugs, cigarettes, or playing games, 1000 dollars to spend on clothes, only 1000 Yuan to buy food for their children and baby products.
Le Yan explains, after the baby was born, she has no milk, children per bag is around 30 yuan of milk powder. When the kids are a little larger, gave the kids are mostly from the nearby grocery store to buy cheap pastries, bread and other food.
Before this time away from home, Le Yan current kid locked in, a person out of drugs, having fun, and often only a few days back. In the meantime, young daughter wearing diapers still wet days you put on, butt and vulva appear to fester.
"Before leaving for the last time, I left a 3-5 days worth of food for children, and a pot of water, originally just wanted to go out for two or three days, but ultimately does not withstand the temptation of drugs and games, stayed out in the cold. "Le Yan said. She also told the judge, "Children's Day" before and after children's day, she sees other children injured, have thought of their own children, wants to go home, but in the end didn't go back.
In court, prosecutors alleged, accused Le Yan has a statutory maintenance obligations and to comply, knowing that failure to comply with maintenance obligations can lead to two of the victims died, still adopted a laissez-faire attitude, resulting in harmful consequences, its behavior under the People's Republic of China Article No. 232 of the Penal Code stipulates that criminal facts are clear, the evidence is true and sufficient, and should be based on intentional homicide criminally.
Prosecutors also charged, last time Le Yan left his home, wrapped with a cloth wrapped around the window handle clamp door not wet with urine. In this regard, Le Yan explained that she did not want a child falling from a window, fear that the child ran out from their homes. Before she left home while out having fun, children ran out. However, she did not expect that children were dying of hunger.
"Mother issues" growing experience
The trial, the prosecution and the defence debate focused on Lok yan acts constitute the crime of voluntary manslaughter.
Le Yan's lawyer believes that Le Yan is not a responsible mother, but also her upbringing-related. Court investigation showed that Le Yan himself is born out of wedlock, by the age of 16 living with Grandma and Grandpa, 16 years after independence, long-term work at places such as nightclub, a Hairdresser.
Le Yan start school until he was 12, because of age discrimination, and jump directly to grade 4, can be one year or is dropped out. Many people did not expect is that "$literal" Le Yan, was not only illiterate, but has so far not on the household register, without any identification.
"For such a mother of 21 and a half, we could ask her what kind of love? Did she get mother love? Can we ask her what kind of love? She gets through love? "Le Yan's defence counsel said," there is no residence, no ID, no educated, rather than condemn and punish such a mother, it is better to improve and perfect the deficient minors protection mechanisms. ”
In a final statement, said Le Yan cried, she'd daughter, blame yourself, I've never been friendly, so don't know how to love others. But there is no regret medicine to eat, she only slowly to atone for their sins.
Court finds that cruel fact
After the day's hearing, the Court identified the defendant Le Yan, born on December 19, 1991, was born in Nanjing, Jiangsu Province, illiterate, unemployed, drug abuse was 12th municipal Public Security Bureau in Nanjing Jiangning branch administrative detention on February 27, 2012 (not implemented in administrative detention). Under criminal detention on suspicion of intentional homicide on June 22, 2013, on June 26 of that year was designated under residential surveillance.
Defendant Le Yan is born out of wedlock, and raised by his grandparents, about 16 years old leaving home to live alone. With years of drug addiction, had administrative penalties for taking drugs. In January 2011, Le Yan gave birth to their first daughter Li Mengxue (full years, 2 years, 5 months, father unknown). Beginning in 2011, live Le Yan and Li Wenbin, in March 2012, gave birth to a second daughter, Li Tong (full year 1 year 3 months). Defendant Le Yan Li Mengxue being victims, Li Tong's mother, after being detained in Li Wenbin, on community release of salvation and the help of relatives, friends, neighbours, raising two daughters alone. Indulge in drugs, neglect his daughter, April 17, 2013, Lok yan left home a few days later, Li Mengxue running alone out of the House due to hunger, community leaders and neighbors found and two young daughters was rushed to hospital for medical treatment, Le Yan on day two after her daughter back. Le Yan in his unfinished maintenance obligations, has two young daughters because of hunger caused by cases of illness were taken to hospital, in April 2013, the end of the day, in the afternoon, the two young daughters alone in the master bedroom of their home, that is, not to return home. On May 3 of that year, Le Yan House keys left behind to carry it at a friend's House, to the crime have not been recovered. Le Yan home after repeatedly ask local authorities for assistance, after receiving the drug, and have fun, which he knows two unattended young girls are dying of hunger, until the incident is still not home. On June 21, 2013, the community police visit to Lok Yan House, through the locksmith opened the door, it was found, Li Mengxue, Li Tong was killed in the master bedroom.
Forensic identification, two common poison victims free from mechanical injury and poisoning is based on, not excluding deaths due to dehydration, hunger, disease and factors such as failure.
, June 21, 2013, the public security organs in Jiangning Unicorn Xuan Yilu accused Le Yan tracked him down the street.
The forensic, accused Le Yan psychoactive substances (drugs) due to mental disorder, and crime with full criminal responsibility.
The Court found that the defendant Le Yan Li Mengxue, Li Tong ' biological mother of being victims, the victim has a statutory duty to rear. Le Yan knew no one raising two young victims to take care of its endless maintenance obligations will result in two victims died due to lack of food and water, but still the two victims in a closed room, away from home for more than a month, not back to take care of two victims, addicted to drugs, playing games and the Internet, leading to two victims died because of neglect. Le Yan subjectively have allowed indirect intent of the victim's death, caused the death of two victims on the objective results, so that their actions constitute intentional homicide. Public prosecution service accused the defendants convicted of Le Yan, court support.
CSSA Shang, accused Le Yan in has raising obligations, and has raising capacity of situation Xia, not fulfilled raising obligations, caused two victims death, plot special bad, consequences special serious, is crime extremely serious, on SIN should punished, given accused Le Yan trial Shi Department pregnant of women, and turns Hou pleaded guilty attitude better, in accordance with People's Republic of China criminal law under 14th article first paragraph, and second paragraph, No. 232 article, and 49th article first paragraph, and 57th article first paragraph of provides, court sentencing, Defendant Le Yan committed intentional homicide and sentenced to life imprisonment, deprived of political rights for life.
On the crime of intentional homicide identified pursuant to
After the sentencing, Nanjing municipal intermediate people's Court, at a press conference Le Yan Zhou Kan of the presiding judge of the trial, jury Huang qionghua, jury hejing, responded to reporters ' questions.
In this case after the sentence the Court, presiding judge Zhou Kan is the characterization of the case and the sentence to answer reporters ' questions.
Zhou Kan said Le Yan being Li Mengxue, Li Tong's mother, is a person with full capacity for civil conduct, with help from the community to raise capacity, has a statutory duty to rear two young children. Because of unfinished maintenance obligations, has two young daughters because of hunger caused by pathogenic were sending them to the hospital. Le Yan statement in the trial, the last time that he set aside for their children's food and water enough for them to eat about three or four days, no other key people, did not trust others to help take care of the kids. Le Yan knew for a long time not to go home, children will starve, and that it is common sense. We can see in the subjective, Le Yan had foreseen his actions caused the death of two victims of the harmful consequences of, not because of negligence did not foresee the consequences, does not exist that have seen the consequences, but too much trust in heart of harmful consequences can be avoided. Thus, the subjective state of mind does not belong to her fault, their actions do not meet the constitutive of the crime of negligence causing death.
On why uncertain for abandoned sin and abuse sin, Zhou Kan said, abandoned sin of subjective aspects, General is support obligations people attempts to through abandoned no independent life capacity of family members reached escape or to others passed on this should by himself commitment of support obligations of purpose, objective aspects General is will victims abandoned Yu can obtained rescue of places, such as he people door, and station, and Terminal,, not ruled out others to victims implementation rescue. Le Yan of the accused in the present case, two young kids at home, and doors and Windows sealed, in practice excludes children's self-help and bailout of the behaviour of others, so Le Yan not convicted of crimes should be abandoned.
Subjective is out of deliberate abuse of abuse, namely of a conscious victim to physical and mental abuse, torture. Objective aspects characterized by frequent or continuous torture, looking devastated family members. Le Yan subjectively did not abuse a child intentionally.
On the issue of sentencing, Zhou Kan explained, the people's Court's sentencing was to take into account the accused's motivation, tools, objects, harmful consequences, and crime against the main attitude and consistent performance, and after the crime and other factors and considerations. Victims in this case are children under the age of three, the consequences of two young lives die, although their good attitude in confessing without any statutory mitigating circumstances, I should say, in particularly harsh, particularly serious consequences, the social impact extremely bad, on SIN should be severely punished. Lok yan of pregnant women during the trial, the Court sentenced to life imprisonment.
How to avoid the occurrence of the tragedy of child starvation case?
Jury yellow Joan spent answered reporter questions said: "I I is legal program of producer, is a mother, this case, I as jury participate in has trial, let I for two a children of unfortunately is pain Fletcher heart, each a comes room of small life are is Angel, and this two a this should in parents care Xia grew up of children is such very tragic to lost has life. I felt sad for the children is the most dear mother ended their most fundamental rights and hopes to live and I felt sad for Le Yan, from birth relatives leaving the world sorts of today, from the boyhood home to the next wall bars, is actually a tragedy in her own life. They say, ' tiger poison not food son, love is a mother's instinct, and instinct, a mother pregnant, bringing a baby into this world and always will do everything they can to care, care, the protection of the child's development, from the legal, which also acts as the rights of a guardian. In our perception that, when disaster strikes, the mother will be desperate children guarding the arms; if faced with a choice between life and death, the mother would not hesitate to have a glimmer of hope left for child; children, mothers can do everything we can, after all, you can pay all costs, and the same is mother, Lok yan she can so why? This behaviour is simply ridiculous, normal, like me, can't understand. I read papers and Le Yan, participate in the trial as well as contact with the process, I found the answer to the question, that is drugs has lost her most basic human nature. After Le Yan is a '90 ', this year is less than 22 years of age, but with nearly 7 years of drug addiction, her cohabitant was also a heroin addict, drug-related subject to legal penalties. Drugs, she often played the night without a home, ran away at age 15; because of drug use, her dreams, catastrophe to gave birth to two children; drugs, she had lost the human conscience, forget their most basic responsibility as mothers, leaving her two young children in spite of, and ultimately caused the tragedy. Now, Le Yan also regret their actions, said in tears, is the drug killed themselves and their children. In fact, if it wasn't for drugs, with Dole, her children, life is not a problem. It can be said that once coated with drugs, it will completely destroy a person's health, consciousness, conscience, and drug-related harm to individuals, families, communities far ' more fierce than Tigers '. ”
To does prevent Le Yan case tragedy of occurred, yellow Joan spent recommends, a is University organ to practical increased on drug crime of combat, law punished involved HIV crime; II is to further increased on drug against of publicity intensity, let all national recognize drug of against, justice organ to select typical cases, timely open processing, education masses, AWE crime; three is practical strengthened on drug crime of prevention work, reduced and put an end to drug crime of occurred.
饿死两个女儿的吸毒母亲被判无期
江佳楠 丁红霞
2013年6月，在南京市江宁区发生了一起两名幼童被饿死在家中的惨案，该案受到了社会广泛关注。9月18日，南京市中级人民法院依法对被告人、两名女童的母亲乐燕进行了公开审理，经过一天的审理，法院一审当庭宣判，乐燕犯故意杀人罪，判处无期徒刑，剥夺政治权利终身。
两名幼女饿死家中
2013年6月21日9时许，南京市江宁区麒麟镇派出所社区民警王平元上门走访辖区居民乐燕(女，22岁)时，发现家中无人应答，乐燕手机处于关机状态。王平元觉得事有蹊跷，便叫来锁匠将门打开，发现两名女童一个在门边，一个在床边，均已没有呼吸，她们正是乐燕3岁和1岁的女儿。2013年2月份，孩子的父亲李文斌因为吸毒被抓，2013年8月底出狱。经查，乐燕有吸毒史。其两个女儿平时由乐燕本人抚养，但事发时乐燕下落不明。经警方全力搜寻，犯罪嫌疑人乐燕被抓获归案。
2013年9月18日，南京市中级人民法院第二法庭公开开庭审理，检察机关以故意杀人罪对女童的母亲乐燕提起公诉。
检察机关认为，乐燕明知两个孩子没有生活自理能力，在无人照料的情况下会饥饿致死，但直到6月21日案发时都没有回家，导致两个孩子死在家中，系疏于照料而酿成的悲剧。因此，应当以故意杀人罪追究乐燕的刑事责任。
庭审中披露的一些细节和信息再一次触痛人们的内心。
9时许，庭审开始，被告人乐燕被带上了法庭。齐肩的头发挡住了这个饱受指责的年仅22岁母亲的脸庞。据了解，她在被警方抓捕之前已怀有身孕。
庭审中，她不时小声啜泣，曾两次要求休庭。对于公诉人的指控和提供的一系列证据，除了一些细节，她均予以承认，没有过多的辩驳。
公诉人展示了一系列的证据，包括案发前和案发时乐燕家中视频和照片，再一次让旁听人员和媒体记者们唏嘘不已。视频和照片显示，他们所住的房子十分凌乱，地上散落着孩子的粪便和垃圾，厨房的锅碗没有洗就杂乱地堆放在那里。公诉人介绍，一些锅碗甚至发了霉。
公诉人指控，2013年4月下旬，乐燕将两个孩子锁在主卧室内，仅给孩子留了少量的面包等食物和一壶水后，就锁上大门离去，直到案发时一直未回家。这期间，她其实一直在家附近玩乐，还曾去社区领过救助金。案发后，警方也是在距离她住所不远的地方将其抓获。
6月21日，两个孩子的遗体被发现时已呈干尸状。法医作为鉴定人出庭介绍，经鉴定，两个孩子都没有机械性损伤和常见毒物中毒致死的依据，因此不排除其因脱水、饥饿、疾病等因素衰竭死亡。
法医介绍，干尸的形成往往与脱水相关，从孩子遗体被发现时的情况判断，孩子死亡时间超过两星期以上。
孩子长期吃廉价面包
乐燕于2011年1月生下李梦雪，也是在这一年，她因吸毒与男友李文斌结识、同居。2013年3月，又生下小女儿李彤。
庭审中，乐燕交代，这些年，她和男友李文斌吸毒的花费超过10万元。如果不是吸毒，他们完全有能力抚养这两个孩子，而且还能过得很充实。但是，他们最终还是走上了不归路，害了自己也害了孩子。
据公诉人指控，乐燕男友今年3月因吸毒而服刑后，她开始单独抚养两个孩子。这期间，社区以及亲属给的各种抚养孩子的费用约5000元，但乐燕将其中约3000元用于吸毒、购买香烟、打游戏，1000元用于购买衣服，仅有1000元用来为孩子买食物及婴幼儿用品。
乐燕还介绍，孩子出生后，她都没有奶水，孩子吃的是每袋30元左右的奶粉。等孩子稍大，给孩子吃的大都是从附近的杂货店购买的廉价糕点、面包等食物。
在这次离家之前，乐燕经常将孩子锁在家中，一个人外出吸毒、玩乐，而且常常是几天才回来。其间，小女儿还因为戴着尿不湿几天不能换，屁股和外阴出现溃烂。
“最后一次离开之前，我给孩子留了3到5天的食物和一壶水，原本只想出去两三天，但最终没有禁得住毒品和游戏的诱惑，就一直逗留在外。”乐燕说。她还告诉法官，在“六一”儿童节前后，她看到别的孩子受伤，也曾想过自己的孩子，想回家，但最终没回去。
法庭上，公诉人指控，被告人乐燕负有法定抚养义务且有履行能力，明知不履行抚养义务会导致二被害人死亡，仍然采取放任的态度，致使危害后果发生，其行为触犯了《中华人民共和国刑法》第二百三十二条的规定，犯罪事实清楚，证据确实、充分，应当以故意杀人罪追究其刑事责任。
公诉人还指控，乐燕最后一次离家时，用布条缠裹窗户把手，用尿不湿夹紧房门。对此，乐燕解释，她是怕孩子从窗户掉下去，怕孩子从家中跑出去。之前，她离家外出玩乐时，孩子跑出来过。然而，她却没有想到，孩子却因饥饿致死。
“问题母亲”的成长经历
庭审中，公诉方与辩护方争论的焦点集中于乐燕的行为是否构成故意杀人罪。
乐燕的辩护律师认为，乐燕确实不是一个负责任的母亲，但这也与她的成长经历相关。法庭调查显示，乐燕本人也是非婚生子女，16岁之前与爷爷奶奶一起生活，16岁之后就独立生活，长期在迪吧、理发店等场所务工。
乐燕12岁才开始上学，因为年龄大受歧视，直接跳到4年级，可上了一年还是辍学了。令许多人没有想到的是，“90后”的乐燕，不但是文盲，而且至今没有户籍，没有身份证。
“对这样一个21岁半的母亲，我们能要求她有什么样的母爱？她得到过母爱吗？我们能要求她有什么样的关爱？她得到过关爱吗？”乐燕的辩护律师说，“没有户籍，没有身份证，没有受到过教育，与其谴责和惩罚这样一位母亲，不如去健全和完善有所欠缺的未成年人保护机制。”
在最后的陈述中，乐燕也哭着说，她很想女儿，很自责，自己从来没有得到关爱，所以也不知道怎么去爱别人。但世上没有后悔药可吃，她只能慢慢地去赎罪。
法院审理认定残酷无情的事实
经过一天的审理，法院查明，被告人乐燕，1991年12月19日生，出生于江苏省南京市，文盲，无业，曾因吸毒于2012年2月27日被南京市公安局江宁分局行政拘留十二日(不予执行行政拘留)。因涉嫌犯故意杀人罪于2013年6月22日被刑事拘留，同年6月26日被指定监视居住。
被告人乐燕系非婚生子女，自幼由其祖父母抚养，十六岁左右离家独自生活。有多年吸毒史，曾因吸毒被行政处罚。2011年1月，乐燕生下第一个女儿李梦雪(殁年2岁5个月，生父不详)。2011年起，乐燕与李文斌同居，2012年3月，生下第二个女儿李彤(殁年1岁3个月)。被告人乐燕身为被害人李梦雪、李彤的母亲，在李文斌被羁押后，依靠社区发放的救助和亲友、邻居的帮扶，独自抚养两个女儿。因沉溺于毒品，疏于照料女儿，2013年4月17日，在乐燕离家数日后，李梦雪由于饥饿独自跑出家门，被社区干部及邻居发现并将两幼女送往医院救治，后乐燕于当日将两女儿接回。乐燕在其因未尽抚养义务，曾致两幼女因饥饿致病被送医的情况下，仍于2013年4月底的一天下午，将两幼女独自置于其住所的主卧室内，即离家不归。同年5月3日，乐燕将其随身携带的家门钥匙遗落在朋友家，至案发一直未取回。乐燕离家后曾多次向当地有关部门索要救助金，领取后即用于在外吸食毒品、玩乐，其明知两幼女在无人照料的情况下会饥饿致死，直至案发仍未曾回家。2013年6月21日，社区民警至乐燕家探望时，通过锁匠打开房门后发现，李梦雪、李彤已死于主卧室内。
经法医鉴定，两被害人无机械性损伤和常见毒物中毒致死的依据，不排除其因脱水、饥饿、疾病等因素衰竭死亡。
2013年6月21日14时许，公安机关在南京市江宁区麒麟街道宣义路将被告人乐燕抓获归案。
经司法鉴定，被告人乐燕系精神活性物质(毒品)所致精神障碍，作案时有完全刑事责任能力。
法院认为，被告人乐燕身为被害人李梦雪、李彤的生母，对被害人负有法定的抚养义务。乐燕明知两年幼的被害人无人抚养照料，其不尽抚养义务必将会导致两被害人因缺少食物和饮水而死亡，但却仍然将两被害人置于封闭房间内，离家长达一个多月，不回家抚养照料两被害人，在外沉溺于吸食毒品、打游戏和上网，从而导致两被害人因无人照料而死。乐燕主观上具有放任被害人死亡的间接故意，客观上造成两被害人死亡的结果，因此其行为构成故意杀人罪。公诉机关指控被告人乐燕的罪名成立，法院予以支持。
综上，被告人乐燕在负有抚养义务、具备抚养能力的情况下，不履行抚养义务，造成两被害人死亡，情节特别恶劣，后果特别严重，属罪行极其严重，论罪应当严惩，鉴于被告人乐燕审判时系怀孕的妇女，且归案后认罪态度较好，依照《中华人民共和国刑法》第十四条第一款、第二款，第二百三十二条、第四十九条第一款、第五十七条第一款之规定，法院宣判，被告人乐燕犯故意杀人罪，判处无期徒刑，剥夺政治权利终身。
关于故意杀人罪的认定依据
宣判后，南京市中级人民法院举行新闻发布会，乐燕案审理的审判长周侃、人民陪审员黄琼花、人民陪审员赫静等回答了记者的提问。
本案当庭宣判后，审判长周侃就该案定性和量刑回答了媒体记者的提问。
周侃说，乐燕身为李梦雪、李彤的生母，是完全民事行为能力人，在社区的帮扶下有抚养能力，对两名幼儿负有法定的抚养义务。其因未尽抚养义务，曾致两幼女因饥饿致病被送医。乐燕在庭审中供述，其最后一次离家时给孩子预留的食物和饮水够她们吃三四天左右，没有把钥匙给过其他人，也没有委托他人帮忙照顾孩子。乐燕知道其长时间不回家，小孩会被饿死，并认为这是常识。可见，在主观上，乐燕已经预见到了自己的行为会造成两被害人死亡的危害后果，并非是因为疏忽大意没有预见到这种后果，也不存在已经预见到后果但过于自信，轻信可以避免危害结果的发生。因此，她的主观心态不属于过失，其行为不符合过失致人死亡罪的构成要件。
关于为何不定为遗弃罪和虐待罪，周侃说，遗弃罪的主观方面，一般是扶养义务人企图通过遗弃无独立生活能力的家庭成员达到逃避或者向他人转嫁本应由自己承担的扶养义务的目的，客观方面一般是将被害人遗弃于能够获得救助的场所，比如他人家门口、车站、码头等，不排除别人对被害人实施救助。本案被告人乐燕，将两名年幼孩子放在家里，并且将门、窗封死，实际上排除了幼儿自救和别人实施救助的行为，所以，乐燕的罪名不应定为遗弃罪。
虐待罪主观是出于虐待的故意，即有意识地对被害人进行肉体与精神上的摧残、折磨。客观方面表现为经常或者连续折磨、摧残家庭成员身心的行为。而乐燕的行为在主观上没有虐待孩子的故意。
关于量刑问题，周侃解释说，人民法院的量刑是要综合考虑被告人的动机、手段、侵害的对象、危害后果和犯罪的主体和一贯表现以及犯罪后的态度等因素而考量的。本案受害的对象是不满三岁的儿童，造成的后果是两个幼小的生命夭折，虽然其认罪态度较好，但无任何法定从轻情节，应该说情节特别恶劣，后果特别严重，社会影响也极其恶劣，论罪应当严惩。而乐燕审判时系怀孕的妇女，法院只得判处其无期徒刑。
如何避免幼童饿死案悲剧的发生？
人民陪审员黄琼花回答记者提问说：“我本人是法制节目的制片人，也是一个母亲，这个案子，我作为人民陪审员参加了审理，让我为两个孩子的不幸感到痛彻心扉，每一个降临人间的小生命都是天使，而这两个本应在父母呵护下长大的孩子是这样无比悲惨地失去了生命。我为孩子感到悲哀，正是最亲爱的母亲亲手终结了她们最最基本的活下去的权利和希望；我也为乐燕感到悲哀，从一出生的亲人离弃到今天的世人唾骂，从少年时的居无定所到今后的高墙铁窗，她自己的人生其实也是一个悲剧。俗话说，‘虎毒不食子’，爱孩子是一个母亲的天性和本能，当一个母亲十月怀胎，将一个小生命带到这个世界上，总是会尽一切所能关心、照顾、保护这个孩子成长，从法律而言，这也是作为监护人应尽的义务。在我们的认知中，在灾难来临时，母亲会殊死护卫着怀里的孩子；在面临生死决择时，母亲会毫不犹豫地将生的一线希望留给孩子；为了孩子，母亲可以竭尽所能，可历经千辛万苦，可以付出一切代价，而同样是母亲，为什么乐燕她能狠心如斯？这种行为简直让人匪夷所思，正常人可能都和我一样，不能理解。在我查阅卷宗、参加庭审以及和乐燕接触的过程中，我找到了问题的答案，那就是毒品已经让她丧失了最基本的人性。乐燕是个‘90后’，今年还不到22周岁，但却有着近7年的吸毒史，她的同居男友也是一名瘾君子，因涉毒受到法律处罚。因为吸毒，她经常夜不归宿，15岁就离家出走；因为吸毒，她醉生梦死，稀里糊涂地生了两个孩子；因为吸毒，她丧失了人类的良知，忘却了自己作为母亲最基本的责任，置两个年幼的孩子于不顾，最终造成这起惨案。现在，乐燕也对自己行为追悔莫及，流着泪说，是毒品害了自己和孩子。事实上，如果不是吸毒，凭着救济金，她和孩子生活下去是没有问题的。可以说，一旦沾上毒品，将彻底摧毁一个人的健康、意识、良知，毒品对个人、家庭、社会的危害远远‘猛于虎’。”
为了确实防止乐燕案悲剧的发生，黄琼花建议，一是政法机关要切实加大对毒品犯罪的打击，依法严惩涉毒犯罪；二是要进一步加大对毒品危害的宣传力度，让全体国民认清毒品的危害，司法机关要选择典型案件，适时公开处理，教育群众，震慑犯罪；三是切实加强对毒品犯罪的预防工作，减少和杜绝毒品犯罪的发生。
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