Moreover, according to the two-level constitution of criminal law, it is necessary not only to meet the objective constitutive requirements, but also to see whether subjectivity conforms to the intention before conviction.
Unintentionally hurting others with a knife and causing minor injuries 1, or causing minor injuries to others due to negligence, does not constitute a crime, and only needs to bear civil liability for compensation.
2, if it is in the process of fighting, it is difficult to establish.
3. If the victim is injured in a fight, and it is identified that the victim is slightly injured or more, it constitutes a crime of intentional injury, and he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance according to law. The new Criminal Procedure Law, which was implemented in 20 13, introduced the criminal reconciliation system. If the criminal suspect and the victim reach a compensation agreement and obtain the understanding of the victim, the judicial organ may give a lighter punishment.
? Legal basis:
? Article 234 of the Criminal Law Whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail.
The fifth part of the Criminal Procedure Law, Special Procedures, Chapter II, Litigation Procedures for Reconciliation of Parties in Public Prosecution Cases
Article 277 In the following cases of public prosecution, the criminal suspect or defendant sincerely repents by means of compensation for losses or apology, and obtains the understanding of the victim. , and the victim voluntarily reconciled, both parties can reconcile:
? (a) due to a civil dispute, suspected of criminal cases stipulated in Chapters IV and V of the Specific Provisions of the Criminal Law, and may be sentenced to fixed-term imprisonment of not more than three years;
? (two) criminal cases of negligence other than dereliction of duty that may be sentenced to fixed-term imprisonment of not more than seven years.
? If a criminal suspect or defendant intentionally commits a crime within five years, the procedures specified in this chapter shall not apply.
Article 278 If both parties reach a settlement, the public security organ, the people's procuratorate and the people's court shall listen to the opinions of the parties and other relevant personnel, examine the voluntariness and legality of the settlement, and preside over the making of a settlement agreement.
? Article 279 The public security organ may make suggestions to the people's procuratorate for leniency in cases where a settlement agreement is reached. The people's procuratorate may put forward suggestions for lenient punishment to the people's court; If the circumstances of the crime are minor and there is no need to be sentenced to punishment, a decision not to prosecute may be made. The people's court may punish the defendant lightly according to law.
Does stabbing the victim in the chest twice and in the leg once constitute intentional homicide? And is it a minor injury? Judging from the results, it can basically be judged that stabbing people in the chest is intentional homicide, but the cause and process of the incident will affect the results. If it is to prevent vicious people from committing crimes, it belongs to self-defense, so it needs more comprehensive consideration, and I hope it will help you.
Does killing with a knife necessarily constitute intentional homicide? If it is intentional, then it must be intentional homicide. If it is negligence, it is the crime of negligent death. If it was an accident, then you don't have to bear any responsibility. If it is special defense, you don't have to bear any responsibility.
Is it a minor intentional homicide to avoid suspicion? First of all, this is obviously intentional homicide. Being angered is not completely unable to control your behavior, which is very different from abnormal mental state. Then let's look at the constitutive elements of the crime of intentional homicide. The subject is a person with full criminal responsibility. The object is the right to life of others. Subjective aspect is intention, including direct intention and indirect intention. The objective aspect is the act of depriving others of their lives. Finally, in the case of being angered, the criminal law theoretically calls it "anger killing." The concept and nature of this plot are still controversial, but it is generally believed that if the murder of the victim by a criminal suspect is directly related to the victim's major fault before committing the crime, the punishment should be given a lighter or mitigated punishment. Please keep asking questions.
Is it intentional to buy a knife and stab someone? Buying a knife is premeditated, and killing is intentional. So the crime of intentional homicide was established.
The criminal stabbed seven times in a row, resulting in death. Is it intentional injury or intentional homicide? In this case, intentional homicide is obvious and should be intentional homicide.
Is the crime of attempted intentional homicide causing serious injury a minor crime? 1, does not belong to. The "intentional homicide is minor" embodied in Article 232 of the Criminal Law mainly means that the victim has a great fault in the consequences of his own death, and the criminal suspect has been abused for a long time, and his spirit is always on the verge of collapse, and finally he completely collapses and kills. Crime can generally be avoided if the victims obey the law.
To give a simple example, an old man of about 75 years old adopted a son. The adopted son was adopted by the old man at the age of 3, and the old man raised him and married his wife. But when the adopted son grew up, he gambled, drank, beat his wife and eventually divorced. After the divorce, he became more severe. He asked for money, beat him if he didn't give it, and asked the old man to kneel down for him. Old people can't read and don't know how to defend their legitimacy with legal weapons. According to the law, such cases should be recognized as "intentional homicide" in Article 232 of the Criminal Law.
The situation described in the question should belong to the fact that the criminal suspect has started to commit a crime, and the purpose of the crime has not been realized due to factors other than his own will, which belongs to intentional homicide. Although the principle of legislation is that the attempted crime is given a lighter or mitigated punishment by referring to the completed crime, the collegial panel will appropriately increase the punishment for the crime of intentional homicide after considering the objective criminal consequences of the victim's serious injury.
2. Whoever intentionally kills shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. If the circumstances are minor, they shall be sentenced to fixed-term imprisonment of not less than 3 years 10 years.
The judicial basis is Articles 23 and 232 of the Criminal Law of People's Republic of China (PRC).
Is attempted intentional homicide a misdemeanor that causes serious injury? Criminal cases change rapidly, and there are various possibilities. Whether this case constitutes a crime depends on whether the parties have criminal facts and whether there is evidence to prove that the criminal facts are established. Sentencing should consider the criminal motive, social harmfulness, whether there is a lighter or mitigated circumstance, the attitude of the parties to plead guilty and other factors.
Article 232 Whoever intentionally kills shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 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. Attempted should be given a lighter or mitigated punishment according to what has been accomplished.
Intentionally injuring three people with a knife. Is it a sentence? If it is a minor injury, it is also a civil liability. As long as the two sides mediate, nothing will happen. If the injured party does not pay compensation, it can sue through the court. If it is serious injury or even death, it is criminal responsibility and will be sentenced.