A, manslaughter sentenced to several years.
The crime of negligent death belongs to negligent crime, which refers to the act of negligent death of others. Negligence leads to death, including negligence and overconfidence. The former means that the actor should have foreseen the result that his behavior may cause the death of others, but failed to foresee it due to negligence, resulting in the death of others. The latter refers to the result that the actor has foreseen that his behavior may cause the death of others, but can be avoided because of credulity. If the perpetrator is not subjectively negligent, but causes the death of others due to other unforeseeable reasons, it is an accident and the perpetrator does not bear any criminal responsibility.
Regarding the penalty for the crime of negligent death, this article stipulates that: whoever neglects to cause death shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not more than three years. At the same time, it is stipulated that "if there are other provisions in this law, those provisions shall prevail". That is to say, in addition to the general provisions of this article, there are also cases of negligent death in other crimes stipulated in the criminal law. According to the principle that special provisions are superior to general provisions, if there are other special provisions in this law, all special provisions shall apply instead of conviction and punishment according to this article. For example, the provisions of Articles 115, 133 and 134 of this Law on fire, accidental water inrush, explosion, throwing dangerous substances or causing death by other harmful means.
In practice, this paper should pay attention to distinguish between overconfident negligence causing death and indirect intentional homicide. Although both actors foresaw the possible consequences of the death of others, the former actor did not want or let this result happen, but only thought it could be avoided; The latter actor takes a laissez-faire, laissez-faire and indifferent attitude towards the occurrence of the result.
Second, the compensation standard for manslaughter
Manslaughter refers to unintentional or premeditated murder, manslaughter, and death caused by general negligence. The object is the right to life of others. Objectively speaking, it is an act of negligent death. Only the result of negligent death constitutes this crime. Subjectively, it is negligence, including negligence and overconfidence. The subjects were natural persons over 16 years old. If the victim causes serious injury due to negligence, he should directly identify the crime of negligent death, not the crime of negligent death, even if the situation of negligent death is not included in the crime of negligent serious injury.
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 disability of the dependents and the per capita consumption expenditure of urban residents and rural residents in the last year where the appeal court is located.
(1) Urban residents: death compensation = per capita disposable income of urban residents in the previous year ×20 years [over 60 years old (actual age -60 years old); 5 years for those over 75 years old]
(2) For rural residents, death compensation = per capita disposable income of rural residents in the previous year × n [n: 20 years under the age of 60 (inclusive); Over 60 years old: N= (actual age-60); 5 years for those over 75 years old]
(3) Death compensation for persons under 60 years old = per capita disposable income of urban residents in the previous year (per capita net income of rural residents) ×20 years.
(4) Compensation for death of persons aged 60-75 = per capita disposable income of urban residents in the previous year (per capita net income of rural residents) ×[20- (actual age -60)].
(5) Compensation for death of persons over 75 years old = per capita disposable income of urban residents in the previous year (per capita net income of rural residents) ×5 years.
3. Death compensation shall be calculated for 20 years according to the standard of per capita disposable income of urban residents or per capita net income of rural residents in the last year where the court is located. 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. If the compensation obligee proves that the per capita disposable income of urban residents or the per capita net income of rural residents in his domicile or habitual residence is higher than the standard of the place where the court is sued, he may calculate disability compensation or death compensation according to the relevant standard of his domicile or habitual residence. The relevant calculation standards for the living expenses of the dependents shall be determined in accordance with the principles stipulated in the preceding paragraph. If there is no compensation ability in reality, the compensation obligor may request to pay in the form of regular payment, and the court will also consider applying this method.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 17 of the Criminal Law.
A person who has reached the age of 16 commits a crime and shall bear criminal responsibility.
A person who has reached the age of 14 but is under the age of 16 commits the crime of intentional homicide, intentional injury, serious injury or death, rape, robbery, drug trafficking, arson, explosion or throwing dangerous substances, and shall bear criminal responsibility.
If a person who has reached the age of 12 but under the age of 14 commits the crime of intentional homicide or intentional injury, causing death or serious disability by particularly cruel means, if the circumstances are bad, he shall be prosecuted with the approval of the Supreme People's Procuratorate, and shall bear criminal responsibility.