Killing a family member by mistake belongs to domestic violence. Domestic violence, referred to as domestic violence for short, refers to the behavior that occurs between family members and physically, mentally and sexually harms and destroys family members by beating, binding, confinement, mutilation or other means. Domestic violence directly affects the victim's body, causing physical or mental pain to the victim and damaging his health and personal dignity. Domestic violence occurs between family members who are related by blood, marriage and adoption, such as husband to wife, parents to children, and adult children to parents. Women and children are the main victims of domestic violence, and some middle-aged and elderly people, men and disabled people will also become victims of domestic violence. Domestic violence will cause death, serious injury, minor injury, physical pain or mental pain, and bear the corresponding consequences.
According to the interpretation of the legal content, domestic violence refers to the act of beating, binding, maiming, forcibly restricting personal freedom or other means, which causes certain harm to the body and spirit of family members. Domestic violence is an illegal act that infringes on human rights and endangers society, and those who commit such acts should bear corresponding legal responsibilities according to law.
1, civil liability. According to the provisions of the new marriage law, domestic violence is one of the legal reasons for divorce, and the victim can ask the perpetrator of domestic violence to bear the liability for civil damages.
2. Administrative legal responsibility. According to the Regulations on Administrative Penalties for Public Security, those who commit domestic violence, but it does not constitute a crime, can be detained for a maximum of 15 days, fined for a maximum of 200 yuan or given a warning.
3. Criminal responsibility. Serious domestic violence will constitute the crimes of violent interference in freedom of marriage, maltreatment, intentional injury, intentional homicide, insult and so on. Among them, the perpetrators of domestic violence often physically and mentally destroy and torture the family members who live with * * * by beating and cursing, binding, freezing and starving, forcing excessive physical labor and restricting freedom. If the circumstances are bad, it constitutes a crime of abuse and should be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance; Whoever causes serious injury or death shall be sentenced to fixed-term imprisonment of not less than 2 years but not more than 7 years.
If the perpetrator of domestic violence uses violence to openly degrade the personality of other family members and damage their reputation, if the circumstances are serious, it constitutes an insult and should be sentenced to fixed-term imprisonment of not more than three years, public surveillance or deprivation of political rights. The perpetrator of domestic violence intentionally and illegally harms the health of others, which constitutes the crime of intentional injury. If the perpetrator causes serious disability or death, according to the criminal law, the maximum penalty can be death.
I hope the above contents are helpful to you. Please consult a professional lawyer if you have any other questions.
Legal basis: According to the provisions of Article 234 of the Criminal Law, if domestic violence causes death, it can be punished with fixed-term imprisonment of more than 10 years, life imprisonment or death.
Article 234 of the Criminal Law: Whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail.