If it's to kill a rapist, it needs to be analyzed in detail. If it is self-defense, it will not bear criminal responsibility and will not be sentenced. If it is excessive defense, criminal responsibility should be investigated according to the crime of intentional injury, but the death penalty will not be imposed. If you intentionally kill someone afterwards, you may be sentenced to death.
Article 20 of the Criminal Law stipulates that 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.
Will rape be sentenced to death?
The punishment for rape can be divided into the following situations:
1. Generally, they are sentenced to fixed-term imprisonment of more than 3 years 10 years.
2. Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death:
(1) raped a woman in a bad way. Mainly refers to the use of cruel and violent means such as binding, covering your mouth and neck to rape women; Abusing women wantonly in the process of rape; Repeated rape of women for a long time; Rape mental patients, patients with severe dementia, pregnant women and sick women; Wait a minute.
(2) Those who rape more than one woman can rape more than one woman for many times or rape more than one woman at a time. Many people refer to more than three people, including more than three women and more than three women and young girls, but not children. More than three women.
(3) raping a woman in public in a public place. It refers to stations, docks, hospitals, schools, parks, theaters and other places where people come and go.
(4) gang rape by two or more persons. It refers to the act that two or more men deliberately rape the same woman in turn for the same rape in the same short time.
(5) Causing serious injury, death or other serious consequences to the victim. It means that the perpetrator intentionally uses violence before or during the rape of a woman, or directly hurts the victim because of his sexual behavior, or directly dies on the spot or is ineffective after treatment; Whoever rapes a corpse after using violence for the crime of intentional homicide shall be punished for the crime of intentional homicide, and the rape of a corpse shall be deemed as serious; If the perpetrator kills or hurts a woman for the purpose of revenge, silence and escape after raping a woman, it should be punished as rape, intentional injury or intentional homicide. Other serious consequences refer to the situation that rape leads to the victim's mental disorder, suicide or marriage breakdown.
(6) rape a child under the age of fourteen. Female, on the basis of rape, shall be given a heavier punishment.
If the crime of rape is serious, it can be sentenced to death.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 20 of the Criminal Law stipulates that 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 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.