primary facts
In the first half of 20 19, I met the female anchor Ji Moumou on the Internet, and Ji Moumou often asked for money under various excuses. In order to pay Ji's money and repay the debts owed, the idea of killing his son Zhang Moumou (the victim, 10 years old) and then faking his accidental fall in the mining area to defraud insurance companies and mining companies for compensation came into being. At about 22 o'clock on February 2 1 65438 of the same year, Zhang Ke tricked Zhang Moumou to the outside of the wall of Chongqing Yute Mining Co., Ltd. in Hongfengcun Mining Area, Nanping Town, Nanchuan District, Chongqing, and covered Zhang Moumou's nose and mouth with his hands, causing his ventricular death. Then, Zhang Ke moved Zhang Moumou's body to the mining area and pushed it off the cliff, creating the illusion that Zhang Moumou accidentally fell. On the morning of 22nd, Zhang Ke reported that after Zhang Moumou's body was found, Zhang Moumou fell to his death.
Relevant laws and regulations
Article 69 of the Criminal Law of People's Republic of China (PRC) stipulates the general principle of combined punishment for several crimes. If a person commits several crimes before the judgment is pronounced, except for those sentenced to death or life imprisonment, the execution period shall be decided as appropriate, but the maximum public surveillance shall not exceed three years, criminal detention shall not exceed one year, fixed-term imprisonment shall not exceed 20 years, and the total fixed-term imprisonment shall exceed 35 years. Whoever is sentenced to fixed-term imprisonment or criminal detention for several crimes shall be sentenced to fixed-term imprisonment. Some crimes are sentenced to fixed-term imprisonment and public surveillance, or criminal detention and public surveillance. After the execution of fixed-term imprisonment or criminal detention, public surveillance must still be carried out. If several crimes are combined, the supplementary punishment must still be executed, in which the same kind of supplementary punishment is combined and different kinds are executed separately.
Article 198 of the Criminal Law of People's Republic of China (PRC): Whoever commits insurance fraud under any of the following circumstances, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan, or his property shall be confiscated:
(1) The applicant intentionally fabricates the subject matter of insurance to defraud the insurance money;
(2) The applicant, the insured or the beneficiary fabricates false reasons or exaggerates the loss of the insured accident to defraud the insurance money.
(3) The applicant, the insured or the beneficiary fabricates an insurance accident that has never happened to defraud the insurance money;
(4) The applicant or the insured intentionally causes an insurance accident that causes property losses and defrauds the insurance money;
(5) The applicant or beneficiary intentionally causes the death, disability or illness of the insured to defraud the insurance money.
Whoever commits the acts listed in Items 4 and 5 of the preceding paragraph, which constitutes other crimes, shall be punished in accordance with the provisions of combined punishment for several crimes. If a unit commits the crime mentioned in the first paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years.