The crime of intentional homicide is an act of crime. As long as the perpetrator commits intentional homicide, it constitutes intentional homicide. Since the right to life is the most basic and important right of citizens' personal rights, no matter whether the victim actually died or not, no matter which stage of intentional crime preparation, attempt or suspension, it constitutes a crime and should be investigated.
However, what kind of punishment to bear in the end needs to be comprehensively judged according to the specific situation, and whether there are lighter or exempted circumstances. Not all intentional homicide crimes must be executed.
Article 20 of the Criminal Law of People's Republic of China (PRC)
In order to protect the state, public interests, personal, property and other rights of oneself or others from ongoing illegal infringement, stopping illegal infringement and causing damage to the illegal infringer, it belongs to self-defense and does not bear criminal responsibility.
If justifiable defense obviously exceeds the necessary limit and causes great damage, criminal responsibility shall be borne, but the punishment shall be mitigated or exempted.
Taking defensive actions against violent crimes such as assault, murder, robbery, rape, kidnapping, etc., which seriously endanger personal safety, and causing casualties to illegal infringers, is not excessive defense and does not bear criminal responsibility.
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.
Extended data:
Case:
In the trial of first instance, the defendant Lin Senhao claimed that the motive of poisoning was to fool Huang Yang on April Fool's Day, but he did not expect to die. The victim's family members have a firm attitude and demand "severe punishment of the murderer". Huang Yang's father, Huang Guoqiang, even stressed that if the first-instance judgment is not the death penalty, he will definitely protest.
The court pronounced that the crime of intentional homicide was sentenced to death.
At eleven o'clock this morning, according to the official Weibo of Shanghai No.2 Intermediate People's Court, the defendant Lin Senhao was sentenced to death for intentional homicide.
The court held that the defendant Lin Senhao deliberately poisoned the victim Huang Yang to vent his anger, which constituted the crime of intentional homicide and should be punished according to law. The charges charged by the public prosecution agency were established. Lin Senhao subjectively wanted the victim Huang Yang to die.
Lin Senhao put forward that he was motivated to play tricks on Huang Yang, and did not intentionally kill Huang Yang. The defense opinion put forward by the defender that Lin Senhao was indirectly and intentionally killed was inconsistent with the facts ascertained and was not adopted. Defendant Lin Senhao deliberately poisoned and killed people because of trivial matters, with cruel means, serious consequences, great social harm and extremely serious crimes.
Although Lin Senhao was able to truthfully confess the crime after arriving at the case, it was not enough to be given a lighter punishment. The defender's suggestion that Lin Senhao be given a lighter punishment was also rejected. In order to protect citizens' personal rights from infringement, according to the provisions of Article 232 and Article 57, paragraph 1 of the Criminal Law of People's Republic of China (PRC), the judgment is as follows:
Defendant Lin Senhao was convicted of intentional homicide, sentenced to death and deprived of political rights for life.
If you refuse to accept this judgment, you can appeal to the Shanghai Higher People's Court through the Second Hospital or directly within ten days from the second day of receiving the judgment.
People's Daily Online-Fudan poisoning case verdict: The defendant was sentenced to death for intentional homicide.