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 may be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 232 of the Criminal Law stipulates that whoever intentionally kills shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years, and if the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.
The crime of intentional homicide is an act of crime. As long as the perpetrator commits intentional homicide, it constitutes intentional homicide. No matter whether the victim actually died or not, no matter which stage of intentional crime is attempted, prepared or suspended, it constitutes a crime and should be investigated.
When sentencing, we should get rid of improper concepts. We can neither think that all murderers should pay for their own lives, nor that all those who attempt to kill should not be sentenced to death. It is necessary to synthesize the whole case, correctly evaluate the seriousness of the crime and the personal danger of the perpetrator, and give appropriate punishment to the criminals. If the circumstances are serious, the crime of intentional homicide is committed, such as killing people by extremely cruel means such as seeking money, adultery, destroying criminal evidence, framing others, freezing hunger for a long time, dismembering others, etc. While those with minor circumstances commit intentional homicide, such as murder with indignation, murder with passion, helping others commit suicide, excessive defense, etc.
The crime of intentional homicide is serious.
Whoever commits the crime of intentional homicide and the circumstances are serious shall be sentenced to death, life imprisonment or fixed-term imprisonment. For example:
(1) Killing people out of despicable motives such as seeking money, adultery, revenge for just acts, destroying criminal evidence, framing others, and violently interfering with freedom of marriage;
(2) Killing people by extreme cruel means such as burning, long-term freezing, starvation and gradual dismemberment;
(3) Killing specific objects, such as relatives, famous politicians, military strategists and celebrities. , causing strong social shock and adverse effects;
(4) Killing with serious consequences, such as multiple deaths and mental disorders of the victim's relatives.
2. If the circumstances are minor, the crime of intentional homicide is committed.
Whoever commits the crime of intentional homicide, if the circumstances are relatively minor, shall be sentenced to fixed-term imprisonment of not less than 3 years 10 years. According to judicial practice, it mainly includes:
(1) intentional homicide due to excessive defense;
(2) Killing people with righteous indignation means that the victim is so guilty that his behavior has reached an unbearable level and he is executed privately. Generally, it is the parents who carry out this behavior against the unjust son;
(3) Passionate homicide, that is, killing people without any intention, but losing his mind and control under the stimulation and teasing of the victim, must meet the following conditions: First, it must be caused by the serious fault of the victim, leading to strong emotional fluctuations of the actor; Second, the actor was strongly stimulated mentally, temporarily lost his mind, and lost or weakened his ability to know and control himself; Third, it must be implemented on the spot with an angry attitude.
(4) Entrusted homicide means helping the victim to commit suicide voluntarily at his request;
(5) Killing a person who helps others commit suicide;
(6) The biological mother drowned her baby, that is, she killed her baby out of subjective motives such as being unable to support and saving face. (However, if it is because of son preference and extremely despicable subjective motivation, it cannot be punished as a minor case of intentional homicide. )
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