The facts of a legal case
Defendant Wu Jiangang, male, 1960,127 was born in Wuxi City, Jiangsu Province, Han nationality, with high school education. He was originally the director of Xibei Printing Factory in Binhu District, Wuxi City, and was arrested on126, 2000.
The proper relationship between defendant Wu Jiangang's wife Xu Yonghong (1born on May 2, 960) and Huang Yaping was discovered and solved by Wu Jiangang in April and May 2000, and Xu Yonghong and Huang Yaping guaranteed that there was no improper communication between them. In the early morning of June 65438+1October 65438+May of the same year, Wu Jiangang learned from Xu Yonghong that Xu and Xu had another improper association, that is, at about 4 o'clock that day, he took Xu Yonghong to his home in Xiaosanliqiao Street, Wuxi City with his homemade dagger. After entering the Huang family, Xu Yonghong talked about Wu Jiangang's knife twice. Wu Jiangang asked Xu and Huang to make it clear face to face that they continued to have non-proper relationship affairs, but denied any recent contact with Xu Yonghong. Wu Jiangang angrily pulled out a dagger, threatened Huang Yaping with "stabbing you to death", and thrust it hard at Huang Yaping's upper body sitting on the bed. Xu Yonghong, who was standing near Wu Jiangang, quickly stepped forward to stop Wu Jiangang and Huang Yaping, but the dagger in Wu Jian Gang Shou had penetrated Xu Yonghong's left chest. Wu Jiangang scrambled to push Xu Yonghong to Huang Yaping's bed. After Xu Yonghong fell on the bed, Wu Jiangang learned that Xu Yonghong was bleeding in his left chest, and together with Huang Yaping, he sent Xu Yonghong to the Third People's Hospital of Wuxi for emergency treatment. After receiving it, the hospital found that Xu Yonghong had died.
submit to trial
The People's Procuratorate of Wuxi City, Jiangsu Province filed a public prosecution with the Intermediate People's Court of Wuxi City, Jiangsu Province for the crime of intentional homicide (attempted murder).
Defendant Wu Jiangang's defense and the defense opinions put forward by his defenders are: Wu Jiangang did not intentionally kill Huang Yaping, nor did he commit homicide, so it cannot be considered as intentional homicide; The victim, Xu Yonghong, was at fault with Huang Ya on average during his lifetime. Wu Jiangang actively rescued Xu Yonghong and requested that Wu Jiangang be given a lighter or mitigated punishment.
After a closed trial, the Intermediate People's Court of Wuxi City, Jiangsu Province held that Wu Jiangang's behavior constituted the crime of intentional homicide according to the defendant's disclosure of Huang Yaping's criminal intention, the lethality of the weapon he held, the body part of the stabbing and the degree of force. Because Xu Yonghong needed to stop to rescue Xu Yonghong, Wu Jiangang failed to kill Huang Yaping, which should be an attempted murder. Defendant Wu Jiangang should have foreseen that Xu Yonghong might come forward to stop and hurt Xu Yonghong when he killed Huang Yaping. However, under the control of his angry mentality, he was eager to murder Huang Yaping, and he was negligent and did not foresee the consequences. Negligence in the occurrence of Xu Yonghong's death result should constitute the crime of negligent death. As far as the cause of the case and the facts and circumstances of the crime are concerned, it should be recognized that the defendant Wu Jiangang has only one criminal intention, but he has committed two crimes at the same time, namely, intentional homicide (attempted) and negligent death, which belongs to the imaginative joinder of crimes in criminal law theory. According to the general rules, it should be dealt with as a felony, that is, as a crime of intentional homicide (attempted).
Defendant Wu Jiangang and his defender argued: "Defendant Wu Jiangang did not intentionally kill Huang Moumou, nor did he commit homicide, so it cannot be considered as intentional homicide." After investigation, judging from the original purpose of holding a knife, it was really difficult for Wu Jiangang to judge that he had the intention to kill. But when Huang Yaping's explanation was obviously inconsistent with Xu Yonghong's statement in advance, Wu Jiangang had the intention to kill. Based on Wu Jiangang's behavior at that time, such as the intentional disclosure of the crime, the lethality of the weapon he held, the stabbing of Huang Yaping's body parts, and the degree of exertion, it is concluded that Wu Jiangang's behavior constitutes the crime of intentional homicide, which conforms to the conviction principle of combining subjective and objective. Therefore, this defense and defense opinion cannot be established and will not be adopted by our court. As for the defender's defense opinion that "the victims Xu Yonghong and Huang Ya were at fault on average during their lifetime, and the defendant Wu Jiangang actively rescued Xu Yonghong", it was found to be true and adopted.
In view of Wu Jiangang's attempted murder, the victims Huang Yaping and Xu Yonghong were both at fault for the cause of the case, and the defendant Wu Jiangang actively helped Xu Yonghong and decided to give Wu Jiangang a lighter punishment. On April 5, 2000/kloc-0, according to the provisions of Article 232, Article 23 and Article 57, paragraph 1 of the Criminal Law of People's Republic of China (PRC), our court made the following criminal judgment: defendant Wu Jiangang committed the crime of intentional homicide, sentenced to life imprisonment and deprived of political rights for life.
After the verdict was pronounced, the defendant Wu Jiangang refused to accept the appeal. The reasons for his appeal and the defense opinions put forward by the defender are: Wu Jiangang did not intentionally kill people; If the original judgment is absolutely inaccurate, it shall be deemed as the suspension of the crime; Wu Jiangang should be given a lighter punishment if he can actively repent and truthfully confess the facts of the crime.
The Jiangsu Higher People's Court held that the appellant Wu Jiangang and his wife Xu Yonghong brought daggers to Huang Yaping's house. When he questioned whether Xu Yonghong and Huang Yaping had an affair, Huang Yaping denied it, but he was very angry. He threatened to stab Huang Yaping to death and stabbed him in the upper body with a knife. When Xu Yonghong saw it, he blocked it with his body, which led Wu Jiangang to stab Xu Yonghong to death without stabbing Huang Yaping. Judging from Wu Jiangang's intentional crime and stabbing Huang Yaping's body parts, it is enough to conclude that Wu Jiangang has the intention to kill subjectively and the behavior to kill objectively. Wu Jiangang failed to stab Huang Yaping because Xu Yonghong's obstruction was due to reasons other than his will, rather than his voluntary abandonment, which did not belong to the suspension of crime. After the appellant Wu Jiangang committed the crime, he was able to actively rescue the victim Xu Yonghong and truthfully confess the facts of the crime, showing some remorse. Moreover, the victims in this case, Xu Yonghong and Huang Ya, were at fault. The court of first instance fully considered the above circumstances in its judgment and gave Wu Jiangang a lighter punishment. Therefore, Wu Jiangang's appeal grounds and the defender's defense opinions cannot be established and will not be adopted. Wu Jiangang, the appellant, deliberately and illegally deprived others of their lives to vent his anger, and caused one death through negligence, which constituted the crime of intentional homicide (attempted). The court of first instance convicted Wu Jiangang accurately, sentenced him appropriately, and the trial procedure was legal. Jiangsu Higher People's Court ruled on May 23rd, 20001year:
Reject the appeal and uphold the original judgment.
Comment and analysis
During the trial of this case, there are four different views on how to characterize the defendant Wu Jiangang's behavior:
The first view is that the crime of intentional injury should be recognized. The reason is that it is difficult to determine that the defendant Wu Jiangang has the intention to kill people only by the angry language of "stabbing you to death". On the contrary, Wu Jiangang, the defendant, knew that Xu Yonghong would stop his dagger when it poked at Huang Yaping, and still pushed Xu Yonghong with a knife when the dagger had poked at Xu Yonghong's chest. From this short-term behavior change, it can be seen that the defendant Wu Jiangang had a subjective and temporary intention to hurt Xu Yonghong, which led to Xu Yonghong's injury and death. Therefore, it is appropriate to determine the crime of intentional injury.
The second view is that the crime of intentional homicide should be defined and the wrong object theory should be applied. The reason is that although the target of the defendant Wu Jiangang's murder was Huang Yaping, he was under the control of anger at that time, and stabbed Xu Yonghong who was blocked by the hedge, which objectively caused Xu Yonghong's death. It belongs to the object error in criminal law theory and should be convicted of intentional homicide.
The third view is that the crime of intentional homicide (attempted) should be recognized, and Xu Yonghong's death is an accident. The reasons are as follows: First of all, the defendant Wu Jiangang's illegal behavior against Huang Yaping constituted a crime of intentional homicide, but Xu Yonghong's intervention did not lead to Huang Yaping's death, which was an attempted intentional homicide. When Wu Jiangang stabbed Huang Yaping with a knife, it was impossible to foresee that Xu Yonghong would come forward to stop him. Objectively speaking, Xu Yonghong took the initiative to stop the dagger in Wu Jian Gang Shou's hand and was stabbed in the heart. Xu Yonghong's death was purely accidental.
The fourth view is that the defendant Wu Jiangang's behavior in this case not only constitutes the crime of intentional homicide (attempted), but also constitutes the crime of negligent death. The defendant, Wu Jiangang, intentionally committed an objective act out of subjective intent, which belongs to imaginative joinder, so he should choose a felony to judge, that is, the crime of intentional homicide (attempted).
The author agrees with the fourth view for the following reasons:
1. Defendant Wu Jiangang's aggression against Huang Yaping constitutes intentional homicide (attempted). Throughout the whole case, after the settlement between Xu Yonghong, the wife of the defendant Wu Jiangang, and proper relationship, Wu Jiangang learned from Xu Yonghong in the early morning of the day of the crime that the two sides were still maintaining improper contacts, that is, they brought Xu Yonghong home with a sharp dagger, in order to admit and solve the matter with Xu Yonghong face to face. Huang Yaping's denial aroused Wu Jiangang's evil thoughts of killing people. Wu Jiangang threatened to stab Huang Yaping's upper body with a dagger, which is an important part of his body. Wu Jiangang's behavior at that time was investigated, including his criminal intention, the lethality of the weapon he held, stabbing Huang Yaping's body parts, and the degree of exertion. It was concluded that Wu Jiangang's behavior constituted the crime of intentional homicide, which was in line with the conviction principle of combining subjective and objective. However, due to Xu Yonghong's physical block, Wu Jiangang failed to kill Huang Yaping, which should be an attempted murder.
2. Defendant Wu Jiangang committed a negligent crime against Xu Yonghong's death. When the defendant Wu Jiangang attacked Huang Yaping, he should have foreseen that Xu Yonghong might come forward to stop and hurt Xu Yonghong, but he did not foresee it because of his negligence under the control of his anger. It has a negligent attitude towards the occurrence of Xu Yonghong's death, which should also constitute the crime of negligent death.
How to judge the defendant Wu Jiangang "should have foreseen"? The author thinks it can be understood from three aspects: the defendant Wu Jiangang knows that Xu Yonghong has a good relationship with Huang Yaping; After entering the Huang family, Xu Yonghong reminded twice that Wu Jiangang had brought a knife. At that time, Xu Yonghong was standing next to Wu Jiangang, which was relatively close. To sum up, it can be judged that the defendant Wu Jiangang should have foreseen that Xu Yonghong might come forward to stop and hurt Xu Yonghong. As for the degree of injury, we can't ask the defendant Wu Jiangang to make a specific and clear judgment. Theoretically, it is generally based on "relatively clear foresight".
3. As far as the cause of the case and the facts and circumstances of the crime are concerned, it should be concluded that the defendant Wu Jiangang had only one intention subjectively, that is, the intention to kill Huang Yaping, and only one specific act objectively, but he committed two crimes at the same time, that is, the crime of intentional homicide (attempted) and the crime of negligent death, which belong to the imaginative joinder of crimes in criminal law theory and should be judged as a felony, that is, the crime of intentional homicide (attempted).