The homework left by the teacher of criminal law elective course, please ask God for advice. ! ! !

Brother Qiang is mighty.

Qiangge's bullying of the elderly violates the Law on Public Security Administration Punishment, and depending on its circumstances, it may constitute a crime of provoking trouble. Stealing other people's property at home constitutes theft, and the victim is a five-guarantee household. When sentencing, a heavier punishment may be imposed as appropriate.

But Brother Qiang is dead and can't be investigated for criminal responsibility. Let's condemn him morally.

Although he should be morally condemned, he is not guilty of a heinous crime. Theft is a non-violent crime, which is stipulated in the chapter on infringement of property rights in the specific provisions of criminal law. However, according to the theory of criminal law, theft can be justified in self-defense, and the old man's killing of Qiangge with a knife obviously exceeds the necessary limit, causing great damage, which belongs to excessive defense. Therefore, the elderly constitute a crime of intentional homicide or intentional injury (death). Subjectively, it is intentional injury, which should be characterized as intentional injury. However, considering the excessive defense of the elderly, the punishment should be mitigated.

To sum up, if you don't die, you don't want to adopt.

Whoever intentionally hurts and causes death shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. The death penalty is not applicable to the elderly over 70 years old and over 75 years old.