1, if the circumstances are serious, he is guilty of intentional homicide.
Whoever commits this crime shall be sentenced to death, life imprisonment or fixed-term imprisonment 10 years or more. If the circumstances are serious, they shall be sentenced to death or life imprisonment, such as:
(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, 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.
2. 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) Killing with indignation means that the victim is full of evil, and his behavior has reached an intolerable level, and he is executed privately. Generally, it is parents who carry out this kind of behavior against unjust children;
(2) Passion killing refers to killing others without intention, but under the stimulation and teasing of the victim, he loses his mind, loses control and kills others.
(3) Entrusted homicide means helping the victim to commit suicide voluntarily at his request;
(4) helping others commit suicide;
(5) 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.
(6) Excessive defense
Extended data:
The difference between intentional homicide and intentional injury.
First, the objects of infringement are different.
The object of intentional injury is the health of others. Therefore, harming one's health is generally not considered a crime. The so-called violation of others' health means destroying the integrity of human tissues or the normal function of human organs.
However, it only causes temporary physical pain or personal insult or mental stimulation to others, and cannot be considered as infringing on others' health; The object of intentional homicide (attempted homicide) is the right to life of others.
Second, the purpose of crime is different.
In the crime of intentional injury, the actor only wants to hurt others and damage their health, but has no purpose of depriving others of their lives. The death of the victim is negligence; In the crime of intentional homicide (attempted homicide), the subjective psychological state of the actor is consistent with attempted homicide. Actors foresee that their actions will deprive others of their lives, and hope or let this happen.
Attempted murder is the result of death, so it didn't happen because the perpetrator changed the content subjectively and intentionally, but because the victim didn't die for some reason other than the criminal's will.
Therefore, the difference between the crime of intentional injury and the crime of intentional homicide (attempted) cannot be based solely on the result of the act. If the subjective psychology of the actor is the purpose of pursuing the death of others, although it does not result in the death of the victim, it cannot be regarded as intentional injury, but as intentional homicide (attempted).
Third, the conditions that constitute a crime are different.
Attempted intentional injury does not constitute a crime, but attempted intentional homicide constitutes a crime. It constitutes the crime of intentional homicide (attempted).
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