Article 232 stipulates that the crime of intentional homicide refers to intentional homicide and 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.
Composition of the crime of intentional homicide:
First of all, the subject is a natural person with corresponding criminal responsibility ability, that is, a natural person over the age of 12. Natural persons from 12 to 16 have limited liability, and natural persons from 14 to 16 have partial criminal liability.
Secondly, it objectively infringes on the lives of others. Therefore, suicide first does not constitute this crime. Secondly, there are various theories about the starting point of life, such as independent breathing theory, separation theory and exposure theory. China adopts the theory of independent breathing. There are also many theories about the end of life. Now it is recognized that the more scientific way is brain death theory. At present, it is basically confirmed in medicine that brain death is death, but China adopts the comprehensive judgment theory, that is, it is judged simultaneously according to heartbeat, respiration and other indicators. In fact, this is largely influenced by China's traditional ideas.
Third, the objective aspect is the act of illegally depriving others of their lives. The first consideration here is illegal behavior, such as self-defense or duty behavior, which does not belong to the scope of illegal behavior. The second consideration is the causal relationship between the illegal act and the death result. After committing theft, rape and other illegal acts, there is no causal relationship between the victim's suicide and the illegal act, and the perpetrator is irresponsible for the victim's death, but the punishment will be aggravated.
Finally, subjectively, the actor has a deliberate attitude. There will also be the distinction between direct intention and indirect intention, but neither of them will affect the nature of intentional homicide.
Look at a case. A wanted to kill B and threw a Grenade at B, but it not only killed B, but also killed C next to it. Because grenades have a certain range, it is inevitable to kill C, so A is not holding a laissez-faire mentality, but a direct intention.
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