1, which constitutes the crime of rape and intentional homicide;
2. Reason: This case belongs to rape before killing, and Zhou raped and killed the victim. At this time, two acts were committed: one was rape, which violated the victim's sexual autonomy; The second is intentional homicide, which violates the victim's right to life. Combined punishment for several crimes.
3. Although Zhou has committed the crime of extortion, as Zhou is under the age of 16, according to the provisions of the Criminal Law, he will not be investigated for criminal responsibility for extortion. So it does not constitute a crime of extortion.
Two, the crime of rape and intentional homicide should be punished for several crimes.
1, Zhou commits rape and intentional homicide, and should be punished for several crimes, that is, after Zhou is convicted and sentenced for rape and intentional homicide, he shall be sentenced according to certain principles;
2. Rape of a young girl under the age of 14 a week is an aggravating circumstance of rape;
3. Zhou 15 years old, the death penalty is not applicable according to law;
4. Zhou 15 years old, should be given a lighter or mitigated punishment according to law;
5. Zhou committed the crime of intentional homicide, and the circumstances were extremely serious. He should be deprived of his political rights.
According to the circumstances of this case, according to the provisions of China's criminal law, it should be sentenced to life imprisonment for weeks and deprived of political rights for life.
Three. Links to relevant laws and regulations:
1, Article 17 of China's Criminal Law stipulates:
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 under the age of 16 commits the crime of intentional homicide, intentional injury, serious injury or death, rape, robbery, drug trafficking, arson, explosion and poisoning, and shall bear criminal responsibility.
If a person who has reached the age of 14 and is under the age of 18 commits a crime, he shall be given a lighter or mitigated punishment.
If a person is not given criminal punishment because he is under the age of sixteen, his parents or guardians shall be ordered to discipline him; When necessary, it can also be taken in for reeducation by the government.
2. Article 49 of the Criminal Law stipulates that:
The death penalty is not applicable to people under 18 years of age at the time of the crime and women who are pregnant at the time of trial.
3. the Supreme People's Court's interpretation of some issues concerning the specific application of law in the trial of juvenile criminal cases.
Article 13. Life imprisonment can only be applied to minor crimes with extremely serious crimes. People who have reached the age of 14 but under the age of 16 are generally not sentenced to life imprisonment for committing crimes.
Article 14: Except for the additional deprivation of political rights stipulated in the Criminal Law, juvenile offenders are generally not sentenced to additional deprivation of political rights.
If a juvenile criminal is sentenced to additional deprivation of political rights, he shall be given a lighter sentence according to law.
Article 19. If a minor defendant in a criminal incidental civil case has personal property, he shall be liable for civil compensation, and the insufficient part shall be compensated by the guardian, except that the unit acts as the guardian.
The defendant's compensation for the victim's material losses can be considered as a sentencing circumstance.