First, the amount of compensation for intentional homicide
The crime of intentional homicide needs to bear two responsibilities, one is criminal responsibility, that is, conviction and sentencing, such as life imprisonment, and the other is civil responsibility, that is, compensation for personal injury of the deceased. The main things that need compensation are funeral expenses, death compensation and living expenses of dependents. According to the relevant provisions of the law:
1. Funeral expenses are calculated according to the average monthly salary of employees in the last year where the Court of Appeal is located.
2. The living expenses of the dependents are calculated according to the degree of the dependents' loss of working ability and the per capita consumption expenditure of urban residents and rural residents in the last year where the appealed court is located. If the dependant is a minor, it shall be calculated at the age of eighteen; If the dependent has no ability to work and no other source of income, it shall be counted as 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.
3. The death compensation shall be calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the court of appeal is located, and the calculation period shall be twenty years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.
Second, the determination of intentional homicide
Article 232 of China's criminal law stipulates that whoever intentionally kills shall be sentenced to death, life imprisonment or fixed-term imprisonment of more 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. The crime of intentional homicide is an act of crime. As long as the perpetrator commits intentional homicide, it constitutes intentional homicide.
"Intention" in the crime of intentional homicide means that the actor knows that his actions will lead to the death of others, and hopes or lets this happen. Intention is divided into direct intention and indirect intention.
1. Direct intention refers to the actor's psychological attitude that he knows that his behavior will inevitably or may have harmful consequences to society, and hopes that harmful consequences will occur, and that he will let them happen knowing that harmful consequences will inevitably occur.
2. Indirect intention refers to the psychological attitude of the actor who knows that his behavior may produce harmful results to society and let such results happen. The so-called laissez-faire refers to the actor's concern for danger.