During the trial, the defendant He Lida refuted the testimony of intentional homicide, which he believed was the result of accidental injury in a mutual fight. The prosecution alleged that the defendant He Lida intentionally injured others with a knife due to trivial disputes, resulting in one death and one minor injury. The facts of the crime are clear and the evidence is indeed sufficient. He should be investigated for criminal responsibility for intentional injury. The defendant He knew that the other party was a criminal and provided him with shelter to help him escape. If the facts of the crime are clear and the evidence is sufficient, the criminal responsibility should be investigated for the crime of harboring. He's defense lawyer believes that the motive of He's voluntary surrender is that he is eager to protect his son, has feelings for others, and is not subjective and malicious; And He has reached the age of 65, and the detention of 18 months has affected his physical and mental health. I hope to be given a lighter punishment. After He Lida was brought to justice, he helped persuade his father to surrender, which can be described as meritorious service. Moreover, he confessed to his crimes, pleaded guilty and repented, and hoped to be given a lighter punishment. Wang Guohua and his attorney, Chen Jianhua, raised different opinions on the prosecution's allegations. Chen Jianhua believed that the defendant He Lida had reached the age of 18 at the time of committing the crime, and was already a person with full capacity for civil conduct. He had attended a physiological health class and was familiar with the physiological structure of the human body. On September 6th, 20001year, after receiving a phone call from her companion, He Lida found that the victim was holding a dagger and stabbed his heart with his back for three times, and allowed the behavior to happen knowing that it might cause adverse consequences. This kind of behavior is not intentional injury but intentional killing, which is an act of depriving others of their right to life.
The crime of intentional injury refers to the act of intentionally and illegally damaging the health of others. The result of injury may be minor or serious injury, or it may lead to death. The subject of the crime of intentional injury is the general subject. Any natural person who reaches the age of criminal responsibility and has the ability of criminal responsibility can constitute the crime of intentional injury. Among them, a natural person who has reached the age of 14 but has not reached the age of 16, who intentionally hurts and causes serious injury or death, shall bear criminal responsibility.
Sentencing standard of intentional injury;
According to the provisions of Articles 234, 238, 247, 248, 289, 292 and 333 of the Criminal Law, those who use violent illegal detention to cause disability, those who extort confessions by torture or obtain evidence by violence to cause disability, those who abuse criminals to cause disability, those who gather people to "smash and rob" and those who gather people to fight and cause serious injuries belong to illegal organizations or coercion. These regulations are fictitious and are not worthy of attention.
(1) Whoever commits the crime of intentional injury shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
(2) Whoever commits the crime of intentional injury and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than 3 years 10 years.
(3) Whoever intentionally harms another person's body by particularly cruel means, causing death or serious disability, shall be sentenced to fixed-term imprisonment of not less than 10, life imprisonment or death.
Remarks: Those who meet the conditions of self-defense shall be exempted from punishment.
Legal basis:
Criminal law of the people's Republic of China
Article 48 The object of application and the approval procedure of the suspended execution of the death penalty are only applicable to criminals who have committed extremely serious crimes. For criminals who should be sentenced to death, if they do not have to be executed immediately, they can be sentenced to death with a two-year suspension.
The death penalty shall be submitted to the Supreme People's Court for approval, except for those sentenced by the Supreme People's Court according to law. If the death penalty is suspended, it may be decided or approved by a higher people's court.
Article 49 Restrictions on the Object of Application of the Death Penalty The death penalty is not applicable to persons under the age of 18 at the time of committing the crime or women who are pregnant at the time of trial.
The death penalty does not apply to people who have reached the age of 75 at the time of trial, except those who cause death by particularly cruel means.
Article 50 If a death sentence is suspended because of a change, and there is no intentional crime during the suspended execution, it shall be commuted to life imprisonment after the expiration of two years; If there is indeed a significant meritorious service, after the expiration of two years, it will be reduced to 25 years in prison; If the crime is intentional and the circumstances are bad, the death penalty shall be executed after being reported to the Supreme People's Court for approval; If the death penalty is not executed due to intentional crime, the suspended execution period of death penalty shall be recalculated and reported to the Supreme People's Court for the record.
The people's court may, according to the circumstances of the crime, at the same time decide to limit or reduce the punishment for recidivists sentenced to death with a suspended execution and criminals sentenced to death with a suspended execution for intentional homicide, rape, robbery, kidnapping, arson, explosion, throwing dangerous substances or organized violent crimes.
Article 51 The time limit for suspension of execution of a death sentence and commutation to fixed-term imprisonment shall be counted from the date when the judgment is finalized. Sentences commuted with a suspension of execution of death penalty shall be counted from the date when the suspension of execution of death penalty expires.