The so-called crime of intentional homicide refers to the act of intentionally and illegally depriving others of their lives. It belongs to the crime of infringing citizens' personal democratic rights. It is one of the few criminal acts with the worst nature in our criminal law. This crime has the following four characteristics:
1 infringes on the right to life of others. Legal life refers to a living body that can breathe and metabolize independently, which is the premise of human existence.
2. First of all, there must be acts of depriving others of their lives, which can be composed of actions and omissions. Secondly, the act of depriving others of their lives must be illegal, that is, it violates the laws of the country. There is a causal relationship between the perpetrator's harmful behavior and the result of the victim's death, and the perpetrator can be found guilty.
3. The subject is a general subject, but a person who has reached the age of 14 and is under the age of 16 commits the crime of intentional homicide and should bear criminal responsibility.
4. Subjectively, there must be intention to illegally deprive 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.
That is to say, after a quarrel, one party commits suicide, as long as the other party has no intention of committing a crime or killing the other party subjectively; Objectively, there is no behavior that leads to the suicide or death of the other party. The other person's death has nothing to do with you. Then, at this time, the other party is not suspected of intentional homicide.
However, it should be reminded that if husband and wife or parents and children have the obligation to support each other, they have the obligation to dissuade and help each other. In this case, if one party commits suicide, the other party gives up on itself or verbally provokes the other party, then it may bear corresponding responsibilities as appropriate. Please consult our criminal lawyer online for details.
Guo Hui criminal lawyer reminds you.
Criminal cases involve personal rights and property rights of relatives. In order to safeguard the vital interests of the parties, when relatives are investigated for criminal responsibility, lawyers should intervene and use defense skills to safeguard the fairness and justice of the law to the maximum extent.