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. 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. Because the right to life is the most basic personal right of citizens.
This is the most important right. Therefore, no matter whether the victim is actually killed or not, no matter which stage of intentional crime preparation, attempt or suspension, it constitutes a crime and should be investigated.
Does it constitute a crime of intentional homicide if a person is not dead? How will it be judged?
According to the provisions of the criminal law, if a crime has been committed, but it has not been succeeded due to reasons other than the will of the criminals, it is an attempted crime. Intentional homicide is not successful because of factors other than the will of criminals or the victim is not dead, which is an attempted crime and constitutes the crime of intentional homicide (attempted).
In judicial practice, there are many cases of attempted intentional homicide, including:
1, the object can't be committed: for example, A premeditated to kill B, and saw B in bed late at night, so he stabbed it and found it was a pillow. That's when I was caught. This is called attempted intentional homicide, which belongs to the object and cannot be attempted. Does not affect conviction, only affects sentencing.
2, the means can not be committed: including the use of tools can not achieve the effect of death, such as A hitting the key of B with a wooden stick to kill B, but no matter how hard it is, it can not be killed. It also belongs to attempted intentional homicide, which does not affect conviction, but only affects sentencing.
3, objective can not commit: it is the objective aspect that makes you unable to achieve the lethal effect. If A wants to kill B, but B wears a bulletproof vest, A has exhausted all means, and B will not die. This also belongs to attempted intentional homicide, which does not affect conviction, but only affects sentencing.
4. Subjective misunderstanding: If A kills B with his car, he will run over and touch B to make sure B is dead. So he ran away, and C passed by and found that B took him to the hospital and saved his life. B also belongs to attempted intentional homicide, which does not affect conviction, but only affects sentencing.
Sentencing and sentencing of attempted intentional homicide
According to the criminal law, the attempted crime can be given a lighter or mitigated punishment than the completed crime.
Therefore, according to the criminal law, the crime of intentional homicide can be sentenced to death, life imprisonment or 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. Then the crime of intentional homicide (attempted homicide) should refer to the above sentencing standards, so as to determine the corresponding sentencing.
Attempted intentional homicide still constitutes the crime of intentional homicide, but it has an impact on sentencing. However, this influence is very important for criminal suspects, which is directly related to the length of criminal punishment and sentencing. If you commit a catastrophic crime on impulse and attempt to kill intentionally, it is suggested to entrust a professional criminal defense lawyer to assist in handling it, actively compensate the victims for their losses, and strive for leniency as much as possible.
As we all know, the death of the other party is not necessarily intentional homicide. Attempted intentional homicide also requires criminal punishment, because this kind of behavior itself is very dangerous.
There is still a motive, but it is also frightening and punishable.