Cases of intentional injury and death
Legal analysis: intentional injury causing death belongs to aggravated crime of intentional injury. It means that the actor knows that his behavior will cause physical harm to others, hoping or letting the harm happen, but the result is accidental death (that is, the result of death is the actor's fault). Cause of action: Introduction to Wang's intentional injury (death) case: The defendant (16 years old) and the victim belong to the same village and fellow villager party. At 9 o'clock in the morning of February 9, 25, the wife of the victim Yao and the mother of the defendant were at the door of the defendant's house, and there was a dispute because of the previous dispute. At this time, Zhao came out of his house, and the defendant's mother ran to Wang's yard in the village about 5 meters away. After hearing the news, the victim and defendant rushed to the scene and hit Zhao's head and chest with his fist, causing Zhao to fall to the ground. The back pillow of his head collided with the cement steps at Wang's door, causing his head injury. Zhao Jing was sent to the hospital for rescue and died. After forensic identification; Zhao (53 years old) died of cerebral parenchymal hemorrhage and subarachnoid hemorrhage caused by hypertension (head and face trauma as the inducement). On the day of the incident, the public security organ summoned the defendant for examination. During the review, the defendant escaped, and the defendant Wang surrendered himself to the public security organ accompanied by his relatives the next day. Entrusted by the relatives of the defendant, the law firm appointed lawyer Lin as the defendant's defense lawyer to defend in court. According to the pre-trial investigation, the defendant's father worked outside all the year round, and the wife of the deceased often harassed the defendant's home because of a child dispute between the two parties many years ago. Combined with the case and forensic expertise, the defender defended the defendant in a different nature (considered to be excessive defense). In the end, after cooperating with the court, a lot of incidental civil mediation work was carried out for both parties and a compensation agreement was reached. Although the court did not change the nature of the case, it adopted some defense opinions. Xi Intermediate People's Court sentenced the defendant to three years' imprisonment by (25) No.126 judgment. The defendant and his family members have served their sentences and closed the case. Legal basis: Article 234 of the Criminal Law intentionally hurts another person's body and 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 1 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail.