Then the new series, which coincides with the name of the official account of WeChat, is "Heroes of Fallin", which tells the story of 108 generals in Liangshan, Shui Bo. The Water Margin was written at the end of Yuan Dynasty and the beginning of Ming Dynasty. Because there are a lot of descriptions different from novels in the process of describing violence, it is also called "Criminal Records in the Late Yuan Dynasty and Early Ming Dynasty".
In the first article in the series, let's first write about Song Wu, the star of heaven injury in Thirty-six plough, and see what will happen under the current law according to what he committed in those years.
Part number 1
As we all know, Song Wu is famous for two things. One is that Song Wu killed a tiger, and the other is that he angered Pan Jinlian and Ximen Qing.
Let's start with the first thing. Is it a crime for Song Wu to kill tigers? In the 22nd time of Water Margin, Song Wu drank 15 bowls of wine in Jingyanggang and hit a white-fronted tiger. There is no doubt that tigers are protected animals in today's society. Is it a crime for Song Wu to kill a big tiger with a vicious and abnormal fist? Let's look at the provisions of the criminal law:
Legally speaking, does it constitute a crime for Song Wu to illegally kill rare and endangered wild animals under special state protection? In fact, in order to constitute the above crimes, there must be an act of killing objectively, no matter how the tiger was killed. Secondly, people who kill animals must have the meaning of intentional killing.
In other words, Song Wu did kill the tiger, but the key to conviction is whether Song Wu killed the tiger on purpose. If there is no conviction, let alone sentencing.
How do we describe it in the book? "When the wind blew, I heard a bang behind the tree, and a big white frontworm jumped out. Song Wu saw it and called it' ah'. " Song Wu is obviously afraid of it. After all, even the fierce man who drank 15 bowl of wine killed the tiger after drinking.
Is there a legal provision for scaring and killing tigers? There is no suspense, this is called emergency hedging, so don't worry about it. Self-defense is against people's illegal infringement, and we call it emergency avoidance when we treat animals. Therefore, for his personal rights, Song Wu was threatened by this big tiger with white forehead and had to raise his fist with sandbags to hammer the tiger to death. Although fifty or seventy punches were hammered, it was an emergency and did not bear criminal responsibility.
Here, let's make a clear decision. As far as "Song Wu killed a tiger" is concerned, Comrade Song Wu is not criminally responsible for this matter!
the second part
After Song Wu Beats the Tiger, let's talk about killing Pan Jinlian and Ximen Qing by anger. Say the conclusion first, then the process. No matter how Pan Jinlian and Ximen Qing poisoned Wu Dalang before, his killing of them was definitely intentional homicide. As for several charges of intentional homicide, see below.
The 27th chapter of "Water Margin" wrote that he angered Pan Jinlian and Ximen Qing. First, he killed Pan Jinlian in front of four neighbors. The original text is the same: "Song Wu grabbed her brain, supported her arm with two feet, tore open the clothes on her chest, gouged out her chest with a sharp knife, opened her chest with both hands, took out her heart and five internal organs, and supported her before the spirit. Stop a knife and cut off the woman's head, bleeding all over the floor. "
We can fix it ourselves. In today's society, will Weibo Hot Search explode? A woman was grabbed by a strong man, stepped on her arm and tore off her clothes. After revealing her breasts, she cut open her chest with a sharp knife and then took out her heart in front of you. After that, she cut off her head and raised her head. In today's words, the process can be summarized as extremely bad social influence and cruel means of killing, which greatly affected the subsequent conviction and sentencing.
After killing Pan Jinlian, he went straight to Ximen Qing with his head, committing a second crime, and intentional homicide was extremely obvious. After finding Ximen Qing, he crushed his shoulder blades, kicked off the second floor and fell into the street, half dead. Then he was cut by Song Wu and went to Dalangling with two heads.
Seeing this, continue to imagine a big man walking down the street with two heads. By the way, let's see how the law stipulates:
It is certain that Song Wu committed intentional homicide. He killed Pan Jinlian first, and then Ximen Qing, all of which were premeditated murders in public places. At the same time, Song Wu's own identity is still a leader, and this leader is equivalent to the current county public security bureau chief. In short, he just knows the law and breaks the law.
According to the professional conviction, this is a question of whether Song Wu's crime is one crime or two crimes. After Song Wu killed Pan Jinlian, there was a process to go to Ximen Qing. Therefore, in the criminal law, the two acts are convicted separately, which is different from the common people's daily understanding that no matter how many people are killed, it is intentional homicide. Killing Pan Jinlian is intentional homicide, and then killing Ximen Qing is the second intentional homicide.
The result is obvious. Comrade Song Wu's killing of two people is two crimes of intentional homicide. Convicted separately, combined punishment for several crimes. Finally, they are likely to be sentenced to death! ! As for why Song Wu was finally sent to Mengzhou, it is another story. You can recall the water margin you have seen and get to know it.
the third part
Lawyer's statement
The story ends here. Song Wu's final ending in the novel is to be sent to Mengzhou, not to be executed. This is what happened later in Liangshan, Shui Bo. In the modern legal system, there is no penalty of "consignment". According to Song Wu's behavior, it meets the relevant requirements of the current death penalty. If it is placed under the current network, I believe it must be a major network case. Brother-in-law revenges his brother and kills the adulterer, which will definitely put a lot of pressure on the judge.
In this article, I also tell you about the crime of illegally hunting and killing precious and endangered wild animals under special state protection, as well as the legal provisions and simple legal concepts of the crime of intentional homicide.