How many years do you get for manslaughter?

Sentencing should be based on the seriousness of the perpetrators. If the perpetrator negligently causes death, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years in accordance with the provisions of the Criminal Law; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not more than three years. If the actor voluntarily surrenders himself and truthfully confesses his crime, which constitutes surrender, he may be given a lighter or mitigated punishment, that is, a lighter punishment within the aforementioned sentencing range. Those who do not constitute surrender, but truthfully confess their crimes, can also be given a lighter punishment.

How many years for manslaughter should be analyzed according to the specific situation:

1, manslaughter may constitute a crime of negligent death, and it shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years;

2. If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years;

3. If it may also constitute the crime of intentional homicide, it shall be sentenced to death, life imprisonment or fixed-term imprisonment of more than 10 years; If the circumstances are minor, they shall be sentenced to fixed-term imprisonment of not less than 3 years 10 years.

What are the constitutive requirements of manslaughter?

The constitutive elements of the crime of manslaughter are as follows:

1, object element. The object of infringement is the right to life of others, and the act of depriving others of their right to life, whether intentional or negligent, is harmful to society;

2. Objectively speaking, it is an act that causes death due to negligence;

3. The subject is a general subject, and any natural person who reaches the legal age of responsibility and has criminal responsibility can constitute the crime of manslaughter;

4. Subjective factors. Subjectively, the crime of manslaughter is negligence, that is, the actor has a negligent psychological state about the result of his own behavior, including negligence and overconfidence.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Article 232 of the Criminal Law of People's Republic of China (PRC).

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.

Article 233

Whoever negligently causes 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. Where there are other provisions in this Law, such provisions shall prevail.