Article 67 of the Criminal Law: A person who voluntarily surrenders himself after committing a crime and truthfully confesses his crime is a voluntary surrender. Criminals who surrender themselves may be given a lighter or mitigated punishment. Among them, if the crime is minor, the punishment may be exempted. If a criminal suspect, defendant or criminal serving a sentence who has taken compulsory measures truthfully confesses other crimes that have not been mastered by the judicial organs, he shall be deemed to have surrendered himself.
Although the criminal suspect does not have the circumstances of surrender as stipulated in the preceding two paragraphs, he can be given a lighter punishment if he truthfully confesses his crime; By truthfully confessing one's crimes, particularly serious consequences are avoided and the punishment can be mitigated.
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.
Extended data:
Intentional homicide can be roughly divided into the following categories:
The first kind, murder for money: refers to a criminal case in which the perpetrator commits murder in order to illegally obtain public or private property. Such cases include robbery and murder, theft and murder, murder for money and so on.
The second kind, revenge homicide: refers to the case in which the perpetrator commits murder in order to vent his inner grievances. Including individual revenge homicide cases, revenge social homicide cases, etc.
The third kind, lust-type homicide case: refers to the criminal incident in which the perpetrator commits murder in order to satisfy the contradiction caused by personal sexual desire or emotional entanglement. Including rape and murder, adultery and murder, love and marriage disputes and sexual perversion and murder.
Fourth, the case of abandonment and murder: refers to a criminal case in which a person with a certain business kills an obligor for various reasons in order to shirk his responsibility and reduce his burden. Including cases in which children were abandoned in uninhabited places and starved to death.
Five, superstitious homicide cases: refers to the criminal cases in which the parties, based on feudal superstitions, use various means to cause death in order to cure diseases and gain enlightenment.
Vi. Murder by picking fights: It refers to a criminal incident in which members of illegal criminal gangs kill people in the process of picking fights or fighting each other in order to dominate one party or for various interests.
Seventh, other types of homicide cases: there are cases of mental illness homicide, cases of passion homicide, and cases of victims dying for various reasons. ?
Theme element
The subject of the crime of intentional homicide is the general subject, that is, the criminal subject who has reached the legal age of criminal responsibility and has the general identity of criminal responsibility stipulated in the specific provisions of our criminal law.
It should be noted that the second paragraph of Article 17 of the Criminal Law stipulates that a person who has reached the age of 14 but is under the age of 16 who commits the crime of intentional homicide shall bear criminal responsibility. Therefore, the subject of intentional homicide includes minors who have reached the age of 14. ?
subjective factor
The crime of intentional homicide must have the intention of illegally depriving others of their lives, including direct intention and indirect intention. That is, knowing that one's actions will lead to the harmful consequences of others' death, and hoping or letting this result happen.
The motives for intentional homicide are varied and complicated. Common such as revenge, seeking money, resisting arrest, indignation, anger, lovelorn, rogue motivation, etc. Motivation can reflect the subjective malignancy of the murderer, which is of great significance to the correct sentencing.
Reference source: Baidu Encyclopedia-Intentional homicide