If intentional injury causes death, it constitutes the crime of intentional injury, and its constitutive requirements are as follows:
(1), subject elements: the subject of this crime is the general subject. Any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute this crime. Among them, natural persons who have reached the age of 14 weeks to 16 years shall bear the criminal responsibility of intentional injury causing serious injury or death.
(2) Subjective elements: This crime is intentional subjectively. That is, the actor knows that his behavior will cause harm to the health of others, and hopes or lets this happen.
(3) Object elements: The object of this crime is the body rights of others. The so-called body right refers to the personality right of natural persons, and its content is to maintain the integrity of their limbs, organs and other tissues.
(4) objective elements: the objective aspect of this crime is that the perpetrator has carried out the act of illegally hurting others' bodies.
A natural person who is over 14 and under 16 cannot be the subject of this crime. First of all, this crime is not a crime that seriously undermines social order, no matter from the subjective malignancy, objective behavior or social harm of the perpetrator. Secondly, the foresight of the result of death caused by negligence requires the actor to have certain cognitive ability and discrimination ability. Minors who have reached the age of 14 but under the age of 16 have certain limitations in their physical and mental development, knowledge level, ability to observe and recognize objective things, and awareness of the possible harmful consequences of their actions. Therefore, they are people with limited capacity (including capacity for responsibility), so the law does not require them to bear criminal responsibility for negligence; A person who has reached the age of 16 commits a crime and shall bear criminal responsibility.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 87 of the Criminal Law of People's Republic of China (PRC)
Crimes with the limitation of prosecution shall not be prosecuted after the following time limit: (1) If the statutory maximum penalty is less than five years of fixed-term imprisonment, after five years; (2) Ten years if the statutory maximum penalty is fixed-term imprisonment of not less than five years but not more than ten years; (3) Fifteen years if the statutory maximum penalty is fixed-term imprisonment of not less than ten years; (4) Twenty years have passed if the maximum legal punishment is life imprisonment or death penalty. 20 years later, if it is deemed necessary to prosecute, it shall be submitted to the Supreme People's Procuratorate for approval.
Article 88
After the people's court accepts a case, if the people's procuratorate, public security organ or state security organ files a case for investigation or evades investigation or trial, the extension of the time limit for prosecution is not limited by the time limit for prosecution. If the victim files a complaint within the time limit for prosecution, the people's court, the people's procuratorate or the public security organ shall file a case but not file it, and it is not limited by the time limit for prosecution.