Criminals who constitute the crime of intentional homicide should generally be sentenced to death, life imprisonment or fixed-term imprisonment of more than 10 years according to the provisions of Article 232 of the Criminal Law; If the circumstances of the crime are minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Whoever commits the crime of intentional homicide and the circumstances are serious shall be sentenced to death, life imprisonment or fixed-term imprisonment. The serious circumstances here mainly refer to:
1. Murder for money, adultery, revenge for just acts, destruction of criminal evidence, framing others, violent interference with freedom of marriage and other despicable motives;
2. Killing people by extreme cruel means such as burning, long-term freezing and starvation, and gradual dismemberment;
3. Killing specific objects, such as relatives, famous politicians, militarists, celebrities, etc. , causing strong social shock and adverse effects;
4, if many people die, causing serious consequences such as the victim's relatives mental disorders, and so on.
Whoever commits the crime of intentional homicide, if the circumstances are relatively minor, shall be sentenced to fixed-term imprisonment of not less than 3 years 10 years. According to judicial practice, minor cases mainly include:
1, intentional homicide due to excessive defense;
2. Murder with indignation, that is, the victim is guilty and his behavior has reached an unbearable level and he is executed privately. Generally, it is the parents who carry out this behavior against the unjust son;
3. * * * * Killing, that is, without intentional killing, but under the victim's * * *, he loses his mind and loses control and kills others, but the following conditions must be met: First, the actor's mood must fluctuate strongly due to the victim's serious fault; Second, the actor is strongly influenced mentally, temporarily losing his mind, losing or weakening his ability to know and control himself; Third, it must be implemented on the spot with an angry attitude.
4. Entrusted homicide, that is, voluntarily helping the victim commit suicide at his request;
5. Killing people who help others commit suicide
criminal law
Article 232 Whoever intentionally kills shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
How to sentence the crime of intentional homicide with five knives Article 232 Whoever intentionally kills shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Interpretation of the article: The crime of intentional homicide refers to the act of intentionally and illegally depriving others of their lives, which is the most serious crime of infringing citizens' personal rights. The object of this crime is the right to life of others. The right to life is the most important human right of citizens. According to China's judicial practice, if a fetus leaves its mother and can breathe independently, it will have life. With the right to life, no one can illegally deprive it. This crime is objectively manifested as an act of illegally depriving others of their lives. In actual cases, there are many ways to illegally deprive others of their lives. What method the actor takes does not affect the establishment of this crime. Legally depriving others of their lives, such as self-defense, people's police performing their duties according to law, and executing criminals according to law, cannot constitute this crime. This crime is intentional crime, including direct intention and indirect intention. Direct intention has a clear purpose of killing, hoping that its behavior can lead to the death of the victim; Indirect intention is to take a laissez-faire attitude towards the consequences that one's actions may cause the victim's death. Regarding the punishment of intentional homicide, this article * * * stipulates two levels of punishment: 1. Whoever intentionally kills shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years; 2. If the circumstances of intentional homicide are relatively minor, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. The "minor circumstances" stipulated here mainly refers to the situation that excessive defense causes others to die and kills people out of indignation. Considering that the crime of intentional homicide is a very serious crime against citizens' personal rights, it must be severely cracked down. This article has made a special statement on penalties, which are listed in the order from heavy to light. Therefore, in judicial practice, for criminals who commit intentional homicide, heavier punishment should be considered first when sentencing.
How to judge the crime of intentional homicide in anger and lovelorn? The term of imprisonment for intentional homicide is death, life imprisonment or fixed-term imprisonment of 10 years or more. The specific judgment depends on the court's comprehensive evidence of the whole case, and entrusting a lawyer to defend can minimize his guilt.
How was the crime of intentional homicide sentenced? Article 232 of China's criminal law stipulates that the crime of intentional homicide shall be sentenced to death, life imprisonment or fixed-term imprisonment of more than ten years, and if the circumstances are minor, it shall be sentenced to fixed-term imprisonment of more than three years;
The death penalty is the first consideration for this crime, but now our country strictly restricts the death penalty and will not be sentenced easily! Therefore, the circumstances of the suspect are very important, and only those cases with cruel circumstances and great social harm will be sentenced to death!
What happens if the crime of intentional homicide is established? At first, I only saw that it was murder, but there was still hope. Robbery and murder are a big problem now, because they are crimes of one level. In this case, we can only fight for a reprieve and no life. Of course, it would be better if we made great contributions. But not a repeat offender. Generally speaking, it can last for more than ten years until the death penalty. He committed two crimes. But good behavior can get a reduced sentence. The best fixed-term imprisonment can be served in half, the shortest can be ten years, and the suspension of death can be reduced to twelve years. You can also be released on parole, and the conditions and results are basically the same. But be careful not to have any accidents, including any administrative regulations and traffic violations, before the expiration of the original sentence after parole, otherwise it will be implemented. If it is parole, it is necessary to report your activities to the relevant departments.
Whether the crime of intentional homicide is attempted or terminated 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. Article 232 of China's criminal law stipulates that whoever intentionally kills shall be sentenced to death, life imprisonment or fixed-term imprisonment of more than 10 years; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. The crime of intentional homicide is an act of crime. As long as the perpetrator commits intentional homicide, it constitutes intentional homicide. Since the right to life is the most basic and important right of citizens' personal rights, no matter whether the victim actually died or not, no matter which stage of intentional crime preparation, attempt or suspension, it constitutes a crime and should be investigated.
How to sentence attempted intentional homicide? Whoever commits intentional homicide shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years. If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. If the crime of intentional homicide is attempted for reasons other than will, it may be given a lighter or mitigated punishment according to the accomplishment of the crime.
Can intentional homicide be suspended? Hello.
Trial conditions:
(1) If the crime of intentional injury is sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and the defendant actively compensates the victim and his close relatives for economic losses, probation may be applied.
(2) The statutory punishment for the crime of intentional injury is fixed-term imprisonment of not less than three years but not more than ten years. However, if it is declared to be fixed-term imprisonment of not more than three years or criminal detention, suspended sentence may be applied under any of the following circumstances:
(a) due to the intensification of civil conflicts such as marriage, family and neighborhood disputes;
The victim has obvious faults or is directly responsible for the intensification of contradictions;
(3) The defendant actively compensated the victims and their close relatives for their economic losses and obtained understanding;
④ Other circumstances in which probation can be applied.
If these conditions are met, you can be sentenced to probation. It is recommended to ask a professional criminal lawyer to defend you.
I hope I can help you adopt it.
What is the sentence for intentional homicide in the United States? (Note: It is an adult crime) It is generally sentenced to jail. The United States abolished the death penalty in 1967, except for the death penalty in some states. However, under the pressure of conservatives and the high murder rate, the United States resumed the death penalty on 1976. But in fact, some States in the United States have abolished the death penalty (Michigan abolished it in the 65438+1970s) or abandoned it, most of which are located in the northeast and the Great Lakes region. In March 2009, New Mexico abolished the death penalty, and the maximum penalty was life imprisonment. 201111Illinois legislature voted to abolish the death penalty, ending the 10-year-old dispute over the retention or abolition of the death penalty.
The starting penalty for the crime of intentional homicide is several years. Article 232 of China's criminal law stipulates that whoever intentionally kills shall be sentenced to death, life imprisonment or fixed-term imprisonment of more than 10 years; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. The crime of intentional homicide is an act of crime. As long as the perpetrator commits intentional homicide, it constitutes intentional homicide.
2. Whoever commits the crime of intentional homicide, if the circumstances are serious, shall be sentenced to death, life imprisonment or fixed-term imprisonment of 10 years or more. For example:
(1) Killing people out of despicable motives such as seeking money, adultery, revenge for just acts, destroying criminal evidence, framing others, and violently interfering with freedom of marriage;
(2) Killing people by extreme cruel means such as burning, long-term freezing, starvation and gradual dismemberment;
(3) Killing specific objects, such as relatives, famous politicians, military strategists and celebrities. , causing strong social shock and adverse effects;
(4) Killing with serious consequences, such as multiple deaths and mental disorders of the victim's relatives.
3. If the circumstances are minor, the crime of intentional homicide is committed.
Whoever commits the crime of intentional homicide, if the circumstances are relatively minor, shall be sentenced to fixed-term imprisonment of not less than 3 years 10 years. According to judicial practice, it mainly includes:
(1) intentional homicide due to excessive defense;
(2) Killing people with righteous indignation means that the victim is so guilty that his behavior has reached an unbearable level and he is executed privately. Generally, it is the parents who carry out this behavior against the unjust son;
(3) *** murder, that is, without any intention to kill, but under the teasing of the victim, he loses his mind, loses control and kills others. The following conditions must be met: first, it must be caused by the serious fault of the victim. The actor's mood fluctuates strongly; Second, the actor is strongly influenced mentally, temporarily losing his mind, losing or weakening his ability to know and control himself; Third, it must be implemented on the spot with an angry attitude.
(4) Entrusted homicide means helping the victim to commit suicide voluntarily at his request;
(5) Killing a person who helps others commit suicide;
(6) The biological mother drowned her baby, that is, she killed her baby out of subjective motives such as being unable to support and saving face. (However, if it is because of son preference and extremely despicable subjective motivation, it cannot be punished as a minor case of intentional homicide. )