The object of this crime is the body right of others. The so-called body right refers to the personality right of natural persons, and its content is to maintain the integrity of their limbs, organs and other tissues. It should be noted that this crime violates the body rights of others. Therefore, intentionally hurting your body is generally not considered a crime. Self-mutilation can only constitute a crime if it violates the relevant criminal law norms in order to harm social interests. For example, a serviceman who injures himself in wartime and evades performing military service obligations shall be investigated for criminal responsibility in accordance with the provisions of Article 434 of this Law.
Legal objectivity:
Defending the crime of intentional homicide Dear presiding judge and judge: According to the relevant provisions of the Criminal Procedure Law of People's Republic of China (PRC) and the Lawyers Law of People's Republic of China (PRC), Shaanxi Henry Law Firm accepted the entrustment of the defendant Qiu Mou in this case and entrusted us to participate in litigation activities as its defender. Through the court investigation just now, we believe that the public prosecution agency's characterization of this case is accurate, and hereby express the following defense opinions. For the reference of the collegial panel: 1. In the crime of intentional homicide, Qiu has a discretionary lighter punishment. After Qiu was arrested and brought to justice, he truthfully confessed all the criminal facts in Tiewatang to the public security organs of Hanyin County, and his guilty attitude was good. It is suggested that the collegial panel consider it when sentencing. 2. In the robbery, Qiu has a statutory light punishment. According to the court investigation, Qiu also truthfully confessed the facts of robbery crimes that the public security organs in Hanyin County have not yet mastered. After Qiu truthfully confessed, he did not retract his confession. According to the second paragraph of Article 67 of the Criminal Law: \ \ Criminal suspects, defendants and criminals serving sentences who have taken compulsory measures truthfully confess other crimes that have not been mastered by the judicial organs are deemed to have surrendered themselves. "What is" other crimes "is further defined by the Supreme People's Court in Article 2 of the Interpretation on Several Issues Concerning the Specific Application of Law in Surrender and Meritorious Service, which is different from the crimes that have been mastered or recognized by judicial organs. Obviously, the crime of intentional homicide and robbery belong to different crimes in criminal law. Therefore, we believe that Qiu's truthful confession of the two robberies is in full compliance. " It is also in line with the judicial interpretation of the Supreme Court. When it is determined that Qiu constitutes robbery, it should also be determined that he has surrendered himself as a statutory mitigating circumstance, which should be considered when sentencing, so as to respect the facts and the law. Three. Reasons for Qiu's Crime and Warning Qiu violated two criminal charges, resulting in 1 1 death and two serious injuries, leaving many families with mental trauma that is difficult to heal. Today's trial is of course to return to the legislative purpose of criminal law, punish crimes and protect people, but it is not enough to warn the world, so we should properly analyze the causes of Qiu's case. In a remote and closed mountain village, 47-year-old Qiu has only junior high school education and a skill. He should belong to the so-called "capable person" who has no worries about food and clothing in the local area, but it is such a "capable person". 1999, his family moved out of his birthplace, and he frequently changed his place of residence in the following seven years. During his exile, he worked in various industries. There is nowhere to ask for help, and no one is willing to help. It turned out that an old fortune-teller gave Qiu guidance in a difficult situation, which convinced Qiu that only by relying on the protection of his ancestors could he get married. So I came to Tiewa Temple in the Taoist Temple in the deep mountain to worship my ancestors. However, after the conflict with the Taoist priest, his psychological world collapsed. Qiu, who cares about children's tuition fees and hopes that children can study, is grateful to primary school teachers so far. Analyzing the criminal causes of Qiu's case is not to shirk the responsibility for Qiu, but to learn from the case and prevent similar tragedies from happening again in the future. Looking back on Qiu's criminal course and psychological course, we think that the main reason for this case is his serious personality defects, but social factors such as paying attention to the living conditions of vulnerable groups and how to provide them with a living environment full of humanistic care can not be ignored. Eliminate discrimination against them, let them integrate into this society instead of alienating it, love it instead of hating it, and what measures can help them really get out of the predicament of life, let the disadvantaged groups enjoy the fruits of social development fairly, let the hopeless people have hope, and the pessimistic people can move on and raise the sails of hope again; For example, paying attention to the psychological barriers of social members in the period of social transformation, this case is similar to several vicious homicide cases that shocked the whole country in recent years: the defendant is withdrawn, lacks effective communication with the outside world, and has serious hostility and revenge, which is easy to lead to psychological crisis and go to extremes. Therefore, is it necessary for our society to establish channels to solve and talk, so that their psychological pressure can be released, their accumulated bad emotions can be vented, and their spirits can be stable and orderly after they settle down? For example, whether it is necessary to further strengthen the education of socialist concept of rule of law and the construction of citizens' morality and strive to achieve results, so that every member of society can consciously guide and restrain his behavior according to external legal norms and internal moral concepts, and deal with various contradictions around him rationally and legally; For example, advocating science and opposing superstition, it is obvious to all that China has rapidly improved its comprehensive national strength by relying on science and culture. However, it is undeniable that the popularization of scientific and cultural knowledge is still not in place, and superstition and ignorance are still emerging in the cultural lag, forming a unique social phenomenon of scientific superstition of Qi Fei and civilized ignorance. If the theory of ghosts and gods is allowed to flood, it will inevitably affect the stability of the whole society ideologically. As someone put it very pertinently: "All kinds of factors accumulate over time, which leads Qiu to the point of no return." Therefore, the Qiu case also contains very extensive and profound social factors, which we must overcome in the process of building a harmonious socialist society. At the end of today's trial, the first-instance judgment of Qiu case will be made public, but the warning left by this case is very profound, that is, the task of building a harmonious socialist society is still very arduous. While expecting the court to make a fair judgment on Qiu, I also hope that the society we live in will not appear again. "three. Reasons for Qiu's Crime and Warning Qiu violated two criminal charges, resulting in 1 1 death and two serious injuries, leaving many families with mental trauma that is difficult to heal. Today's trial is of course to return to the legislative purpose of criminal law, punish crimes and protect people, but it is not enough to warn the world, so we should properly analyze the causes of Qiu's case. In a remote and closed mountain village, 47-year-old Qiu has only junior high school education and a skill. He should belong to the so-called "capable person" who has no worries about food and clothing in the local area, but it is such a "capable person". 1999, his family moved out of his birthplace, and he frequently changed his place of residence in the following seven years. During his exile, he worked in various industries. There is nowhere to ask for help, and no one is willing to help. It turned out that an old fortune-teller gave Qiu guidance in a difficult situation, which convinced Qiu that only by relying on the protection of his ancestors could he get married. So I came to Tiewa Temple in the Taoist Temple in the deep mountain to worship my ancestors. However, after the conflict with the Taoist priest, his psychological world collapsed. Qiu, who cares about children's tuition fees and hopes that children can study, is grateful to primary school teachers so far. Analyzing the criminal causes of Qiu's case is not to shirk the responsibility for Qiu, but to learn from the case and prevent similar tragedies from happening again in the future. Looking back on Qiu's criminal course and psychological course, we think that the main reason for this case is his serious personality defects, but social factors such as paying attention to the living conditions of vulnerable groups and how to provide them with a living environment full of humanistic care can not be ignored. Eliminate discrimination against them, let them integrate into this society instead of alienating it, love it instead of hating it, and what measures can help them really get out of the predicament of life, let the disadvantaged groups enjoy the fruits of social development fairly, let the hopeless people have hope, and the pessimistic people can move on and raise the sails of hope again; For example, paying attention to the psychological barriers of social members in the period of social transformation, this case is similar to several vicious homicide cases that shocked the whole country in recent years: the defendant is withdrawn, lacks effective communication with the outside world, and has serious hostility and revenge, which is easy to lead to psychological crisis and go to extremes. Therefore, is it necessary for our society to establish channels to solve and talk, so that their psychological pressure can be released, their accumulated bad emotions can be vented, and their spirits can be stable and orderly after they settle down? For example, whether it is necessary to further strengthen the education of socialist concept of rule of law and the construction of citizens' morality and strive to achieve results, so that every member of society can consciously guide and restrain his behavior according to external legal norms and internal moral concepts, and deal with various contradictions around him rationally and legally; For example, advocating science and opposing superstition, it is obvious to all that China has rapidly improved its comprehensive national strength by relying on science and culture. However, it is undeniable that the popularization of scientific and cultural knowledge is still not in place, and superstition and ignorance are still emerging in the cultural lag, forming a unique social phenomenon of scientific superstition of Qi Fei and civilized ignorance. If the theory of ghosts and gods is allowed to flood, it will inevitably affect the stability of the whole society ideologically. As someone said very pertinently: "The accumulation of various factors for a long time has made Qiu embark on the road of no return." "Therefore, the Qiu case also contains very extensive and profound social factors, which we must overcome in the process of building a harmonious socialist society. At the end of today's trial, the first-instance judgment of Qiu case will be made public, but the warning left by this case is very profound, that is, the task of building a harmonious socialist society is still very arduous. While expecting the court to make a fair judgment on Qiu, I also hope that the society we live in will not appear again. "Analyzing the criminal causes of the Qiu case is not to shirk the responsibility for Qiu, but to learn from the case and prevent similar tragedies from happening again in the future. Looking back on Qiu's criminal process and mental journey, we think that the main reason for this case is his serious personality defects, but social factors such as paying attention to the living conditions of vulnerable groups and how to provide them with a living environment full of humanistic care can not be ignored. Eliminate discrimination against them, let them integrate into this society instead of alienating it, love it instead of hating it, and what measures can help them really get out of the predicament of life, let the disadvantaged groups enjoy the fruits of social development fairly, let the hopeless people have hope, and the pessimistic people can move on and raise the sails of hope again; For example, paying attention to the psychological barriers of social members in the period of social transformation, this case is similar to several vicious homicide cases that shocked the whole country in recent years: the defendant is withdrawn, lacks effective communication with the outside world, and has serious hostility and revenge, which is easy to lead to psychological crisis and go to extremes. Therefore, is it necessary for our society to establish channels to solve and talk, so that their psychological pressure can be released, their accumulated bad emotions can be vented, and their spirits can be stable and orderly after they settle down? For example, whether it is necessary to further strengthen the education of socialist concept of rule of law and the construction of citizens' morality and strive to achieve results, so that every member of society can consciously guide and restrain his behavior according to external legal norms and internal moral concepts, and deal with various contradictions around him rationally and legally; For example, advocating science and opposing superstition, it is obvious to all that China has rapidly improved its comprehensive national strength by relying on science and culture. However, it is undeniable that the popularization of scientific and cultural knowledge is still not in place, and superstition and ignorance are still emerging in the cultural lag, forming a unique social phenomenon of scientific superstition of Qi Fei and civilized ignorance. If the theory of ghosts and gods is allowed to flood, it will inevitably affect the stability of the whole society ideologically. As someone put it very pertinently: "All kinds of factors accumulate over time, which leads Qiu to the point of no return." Therefore, the Qiu case also contains very extensive and profound social factors, which we must overcome in the process of building a harmonious socialist society. At the end of today's trial, the first-instance judgment of Qiu case will be made public, but the warning left by this case is very profound, that is, the task of building a harmonious socialist society is still very arduous. While expecting the court to make a fair judgment on Qiu, I also hope that the society we live in will not appear again. At the end of today's trial, the first-instance verdict of Qiu case will be made public, but the warning left by this case is very profound, that is, the task of building a harmonious socialist society is still very arduous. While expecting the court to make a fair judgment on Qiu, I also hope that the society we live in will not appear again. "