If it constitutes a crime of intentional homicide, it 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.
Legal liability:
Article 234 of the Criminal Law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail.
Article 232 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.
The difference between intentional injury and intentional homicide How to determine the boundary between intentional injury and intentional homicide? Generally speaking, it is not difficult to distinguish between the two crimes, but in the case of attempted intentional homicide causing injury or intentional injury causing death, the two crimes are easily confused. The main difference between the two crimes lies in whether the actor intentionally deprives others of their lives. If the actor does not intentionally deprive others of their lives, but intentionally damages the health of others, even if the behavior objectively leads to the death of others, it can only be considered as intentional injury; If the perpetrator intentionally and illegally deprives others of their lives, even if his behavior does not cause others to die, it also constitutes the crime of intentional homicide (attempted). In judicial practice, to determine whether the intentional content of the perpetrator is injury or murder, we should follow the principle of consistency between subject and object, find out all the facts of the case, and make a comprehensive analysis and judgment from the aspects of the relationship between the perpetrator and the victim, the cause, process and result of the crime, the means of committing the crime, the tools used, the location, intensity, time, place, environmental conditions and the performance of the perpetrator before and after committing the crime. According to the first paragraph of Article 234 of the Criminal Law: "Whoever intentionally hurts another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance." Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail. Article 232 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.
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What is the difference between intentional homicide and intentional injury in criminal law? Intentional homicide refers to the act of intentionally and illegally depriving others of their lives. The crime of intentional injury refers to a criminal act that intentionally and illegally hurts others' bodies to a certain extent and should be punished by criminal law. In addition, those who intentionally kill people shall be sentenced to death, life imprisonment or fixed-term imprisonment of 10 years or more; 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. Whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. For the specific situation, please ask relevant parties to verify and determine according to the actual situation and relevant laws and regulations.
Relevant laws and regulations: Criminal Law of People's Republic of China (PRC).
Article 232 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 234 Whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail.
How to distinguish between intentional injury and intentional homicide The main difference between intentional injury and intentional homicide lies in the subjective intention of the actor.
In the crime of intentional injury, the actor has the intention to hurt others subjectively, rather than pursuing the death of the other party. In the crime of intentional homicide, the subjective purpose of the actor is to investigate the death of the other party. As for whether the other party dies in the end, it does not affect the nature of the crime of intentional homicide, but it will be considered in the specific sentencing.
In addition, the sentencing standards for perpetrators in criminal law are also different:
If it constitutes a crime of intentional homicide, it 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.
Whoever intentionally hurts and causes minor injuries shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; Those who cause serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
How to distinguish between intentional homicide and intentional injury? What you said is too simple. A punches and kills B. There are many situations. The key depends on A's psychology, which is called subjectivity. If A and B are friends, just make a joke and punch. If B dies, it may just be an accident. If A deliberately seeks revenge and is bent on killing B, it is direct intentional homicide. If A doesn't want to kill B, but just hits him casually, B will die casually, probably by intentional injury. If A's power is infinite, knowing that one punch can kill a cow, and B annoys him, he will punch. Although he didn't intend to kill B directly, he also knew that most of the punches would kill him, but he was in anger, and he let this happen, which was an indirect intentional homicide. In the same way, this may also be manslaughter. For example, A and B both belong to a Kung Fu performance group. If A has no control and pushes too hard, it may be manslaughter. There are also examples of overconfidence and manslaughter that have not been thought of. However, people's psychology is elusive and the law is flexible. Finally, there are many situations about how to judge. Ps I chose criminal law at school because of my interest. If you have any questions, please ask Han Hai.
How to distinguish between intentional homicide and intentional injury The main difference between intentional homicide and intentional injury lies in the different subjective intentions of the parties when committing crimes.
How to distinguish between intentional homicide and intentional injury? Both intentional injury and intentional homicide are common crimes in China's criminal law, which are closely related to us in daily life. In daily life, we often see cases in which intentional injury leads to death, while intentional homicide does not lead to death. In this case, it is particularly important to determine the nature of the case, that is, whether the act should be characterized as intentional injury or intentional homicide, because according to the provisions of the criminal law, the sentencing basis of intentional injury is different standards of less than three years, three years to ten years, and more than ten years, while intentional homicide is generally sentenced to death for more than ten years or even life, except for some minor cases. Therefore, how to prepare and determine whether the behavior of the parties belongs to the crime of intentional injury or intentional homicide plays a vital role in the final sentencing. As the first and only law firm specializing in criminal cases in Southwest China, Chongqing Criminal Lawyers Network shares with you how to distinguish the crime of intentional injury from the crime of intentional homicide with more than ten years' experience in handling cases and the actual combat of hundreds of related cases.
The crime of intentional injury infringes on the body rights of others, while the crime of intentional homicide is generally easy to distinguish and infringes on the right to life of others.
The key to distinguish the crime of intentional homicide from the crime of intentional injury lies in the different intentional contents of the two crimes. The intentional content of the crime of intentional homicide is to deprive others of their lives, hoping or letting others die, while the intentional content of the crime of intentional injury is only to damage others' bodies, not to deprive others of their lives. Even if the injury objectively causes the death of the victim, it is often caused by the deviation of the attack direction due to unexpected reasons in the process of behavior, or by excessive injury. The actor neither wants nor indulges in the consequences of this death, which is entirely out of negligence. Therefore, intentional injury to death cannot be equated with intentional homicide. Similarly, attempted murder cannot be confused with intentional injury. For attempted intentional homicide, attempted homicide is not due to the subjective unwillingness of the actor, but due to reasons other than will. It is unexpected that the victim didn't die, which is completely against his subjective will. In the case of intentional injury, the victim did not die, which was completely expected by pedestrians.
To judge the criminal's subjective intentional content, we should not draw a conclusion based on confession or a certain fact, but comprehensively analyze the case on the basis of investigation and study. According to the cause of the crime, behavior development process, crime tools, attack means, attack location, attack intensity, crime plot, time, place, environment, the usual relationship between the offender and the victim, the cause of death or not, the consistent performance of the offender, the attitude after the crime, etc. For those acts that violate personal rights, such as lawlessness, bravado and recklessness, although there is often no interest between the perpetrator and the victim, and the perpetrator has no clear subjective motive and date for killing, the perpetrator is indifferent to the possible consequences of the act when committing the crime. Therefore, the nature of the harmful behavior should be determined according to the nature of the actual damage objectively caused by the behavior. Causing death constitutes the crime of indirect intentional homicide; Injury to another person's body constitutes intentional injury.
The key to distinguish intentional injury from intentional homicide, intentional injury from attempted intentional homicide lies in finding out the intentional content of the perpetrator. If the actor knows that his behavior will lead to death, and hopes or lets it happen, even if it doesn't happen, he should be convicted of intentional homicide. If the actor knows that his behavior will lead to injury, and he hopes or lets it happen, even if it is seriously injured or accidentally leads to death, he should be convicted of intentional injury. Intention content belongs to the category of subjective thinking consciousness. Subjective consciousness dominates and restricts objective behavior; Objective behavior reflects subjective consciousness and tests subjective consciousness. Therefore, in order to correctly judge the specific content of intention, it is necessary to comprehensively analyze all the facts of the case. You can't simply draw a conclusion based on a certain fact.
Matters needing attention
Generally speaking, it is not difficult to distinguish between the two crimes, but in the case of attempted intentional homicide causing injury or intentional injury causing death, the two crimes are easily confused. The main difference between the two crimes lies in whether the actor intentionally deprives others of their lives. If the actor does not intentionally deprive others of their lives, but intentionally damages the health of others, even if the behavior objectively leads to the death of others, it can only be considered as intentional injury; If the perpetrator intentionally and illegally deprives others of their lives, even if his behavior does not cause the death of others, it also constitutes the crime of intentional homicide (attempted). In judicial practice, to determine whether the intentional content of the perpetrator is injury or murder, we should follow the principle of consistency between subject and object, find out all the facts of the case, and make a comprehensive analysis and judgment from the aspects of the relationship between the perpetrator and the victim, the cause, process and result of the crime, the means of committing the crime, the tools used, the location, intensity, time, place, environmental conditions and the performance of the perpetrator before and after committing the crime.
The main difference between intentional homicide and intentional injury lies in the different subjective intentions of the parties when committing the crime.
For the crime of intentional homicide, when the parties commit a criminal act, they have the subjective intention to pursue the death of the other party. This kind of subjective intention can be divided into two types: first, knowing that one's own behavior will cause the death of the other party, he still actively pursues and hopes for the death result, that is, direct intention; The second is indirect intention, that is, the parties know that their actions may cause the death of the other party, but let the death result happen.
For the crime of intentional injury, the actor subjectively only wants to hurt the other party without asking the other party to die, that is, the actor who subjectively constitutes the crime of intentional injury subjectively does not want the other party to die, and there is no situation in which he knows that his behavior will cause the other party to die, but he still allows the death to happen.