If there is intentional homicide, but the target of the crime is wrong, resulting in the death of the victim, it should also be considered as intentional homicide and sentenced to death, life imprisonment or fixed-term imprisonment of 10 years or more; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. If it is caused by negligence, it shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not more than three years.
Legal basis:
Article 232 of the Criminal Law of People's Republic of China (PRC) shall be sentenced to death, life imprisonment or fixed-term imprisonment of more than ten years; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 233 Whoever negligently causes death shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not more than three years. Where there are other provisions in this Law, such provisions shall prevail.