On the 12th night, three villagers, Zhou Mousheng, Zhou Moujiang, and Zhou Mouhua, went home drunk and in the dark, and accidentally slipped and fell on the grass. Two of them were shot and killed by local hunters Zuo and Wang as "prey". Currently, the criminal suspects Zuo and Wang are under criminal detention in accordance with the law, and the case is being processed.
How to determine the crime of manslaughter;
The crime of manslaughter (the standard expression should be the crime of negligent homicide causing death) refers to the behavior that causes death by negligence, including negligence and overconfidence. fault. Negligence causing death means that the actor should have foreseen that his behavior might cause the death of others, but failed to foresee it due to negligence, resulting in the death of others. Overconfidence in negligence resulting in death means that the perpetrator has foreseen that his or her behavior may cause the death of others, but is able to avoid it due to gullibility. Whoever negligently causes death shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years. If the criminal law provides otherwise, such provisions shall prevail.
The main constituent element of this crime is the general subject. Any natural person who has reached the legal age of responsibility and has the capacity for criminal responsibility can commit this crime. Natural persons who are over 14 years old but under 16 years old cannot be the subject of this crime. First of all, this crime is not a crime that seriously disrupts social order, regardless of the subjective malignancy of the perpetrator, objective behavior or social harm. Secondly, foreseeing the consequences of death due to negligence requires the perpetrator to have certain cognitive abilities and discernment abilities. Minors who are 14 years old but under 16 years old have certain limitations in their physical and mental development, knowledge level, ability to observe and understand objective things, and understanding of the possible harmful consequences of their actions. Therefore, they are people with limited behavioral capacity (including liability capacity), so the law does not require them to bear criminal liability for negligence.
This crime is subjectively manifested as negligence, that is, the perpetrator's negligent mental state regarding the results of his behavior, including negligence and overconfidence. Negligence means that the actor subjectively should have foreseen that his behavior might lead to the death of others, but failed to do so. Foresight is the subjective requirement of the law that when an actor performs a certain conscious act, the law may cause the death of others.
The object of this crime is the right to life of others. The right to life is the personality right of a natural person, and its content is to safeguard the safety and interests of his life. Its sanctity is recognized by the Constitution and should be implemented through its subsidiary laws. Behavior that deprives others of their right to life, whether intentional or negligent, is socially harmful and should be punished by criminal law. Article 232 of this Law provides for the crime of intentional homicide. This article provides for the crime of negligence causing death. This crime objectively manifests itself as an act that causes the death of another person due to other people's reasons.
The hunter accidentally killed two brothers who were drunk in the grass. His behavior meets the characteristics of manslaughter and will be punished accordingly.