What if the man dies after playing for a few days?
Legal problem: I went out for dinner with my boyfriend, and a man was rude to me. The boyfriend beat the man up in a rage. At that time, I saw my boyfriend kicking him a few feet, and I didn't pay much attention to him lying on the ground with his stomach. A few days later, the man died. The police found us and asked my boyfriend to cooperate with the investigation. What should I do? Lawyer Hong: Actively handle it and strive for probation. Lawyer Yu: Entrusting a lawyer to intervene mainly lies in the cause of death of the deceased. If you have any legal questions, please go to the home page, call the free legal consultation number, and the online lawyer will consult for free. Related knowledge-Applicable conditions of probation According to the provisions of Articles 72 and 74 of China's Criminal Law, the following conditions must be met for the application of general probation: (1) The criminal is sentenced to criminal detention or fixed-term imprisonment of not more than three years. The conditional non-execution of the original sentence determines that probation can only be applied to criminals with minor crimes. The severity of the crime is commensurate with the severity of the punishment imposed on the criminal. The criminal law of our country stipulates that the object of probation is criminals sentenced to criminal detention or fixed-term imprisonment of less than three years, because these criminals have fewer crimes and less social harm. On the contrary, criminals sentenced to fixed-term imprisonment of more than three years are not listed as the object of probation because of their serious crimes and great social harm. For criminals who are sentenced to public surveillance for relatively minor crimes, it is not necessary to apply probation because of the characteristics of public surveillance punishment, that is, criminals are not detained and are only limited by their certain freedom. The so-called "fixed-term imprisonment of not more than three years" refers to the time limit determined by the judgment rather than the statutory punishment. Although the statutory penalty for crimes committed by criminals is fixed-term imprisonment of more than three years, it has mitigating circumstances. The sentence determined by the judgment is fixed-term imprisonment of not more than three years, and probation can also be applied. (2) According to the criminal's criminal circumstances and penitence, it is considered that probation will not harm society. This is the fundamental condition of probation. That is to say, although some criminals have been sentenced to criminal detention or fixed-term imprisonment of not more than three years, their criminal circumstances and penitence performance do not mean that they will not be detained again or endanger society, and they cannot be suspended. However, it must be noted that since the offender has not yet applied probation, it can only be a kind of speculation or pre-judgment by the judge, and this kind of speculation or pre-judgment can only be based on the fact that the circumstances of the crime are lighter and the offender's repentance is better. Of these two factors, the lesser crime belongs to the category of committed crime, which mainly shows that the social harm of crime is less, so we should make a comprehensive judgment from subjective malignancy and objective harm. The good performance of the offender in repentance belongs to the category before the crime, mainly because the offender is less likely to commit another crime. We should judge according to the various performances of the offender after the crime and give due consideration to the consistent performance of the offender. (3) Criminals are not recidivists. Recidivism is persistent, subjective and vicious, and there is a danger of recidivism. It is difficult to prevent recidivism by applying probation. Therefore, even if the recidivist is sentenced to criminal detention or fixed-term imprisonment of less than three years, probation cannot be applied. [1] The Criminal Law (Amendment 8) amended Article 74 to read: "Probation is not applicable to recidivists and ringleaders of criminal groups."