The program focuses on the Tianxin District People's Court in Changsha City, Hunan Province, and explains and popularizes the law to the audience through real civil, criminal and enforcement cases.
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.
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defendant
"Defendant" is the legal concept of civil litigation and the counterpart of "plaintiff" in civil cases. In civil cases, both the defendant and the plaintiff are equal and enjoy equal litigation rights, and their rights and reputation cannot be regarded or considered as damaged because they become defendants.
"Defendant" belongs to the legal concept of criminal procedure, and is the party corresponding to "victim" and "prosecutor" in criminal cases. The "defendant" is generally accused of being suspected of a criminal offence. The defendant suspected of a serious crime shall be restricted by the case-handling organ according to law. However, according to the laws of our country, no organization or individual may identify someone as a crime without the judgment of the people's court. Therefore, even the "defendant" in a criminal case cannot be called "criminal" until the court makes a guilty verdict, but can only be called "defendant" or "criminal suspect".
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public prosecutor
In our country, prosecutors are mainly judicial personnel of people's procuratorates, that is to say, people who represent litigation in people's procuratorates are prosecutors. Examining and prosecuting, appearing in court to support public prosecution and conducting litigation supervision are the basic functions of the public prosecution department of the procuratorate;
The main duty of the public prosecutor is to bring a public prosecution to the people's procuratorate, represent our hospital as a national prosecutor, appear in court to support the public prosecution, further elaborate the accusation opinions of the public prosecution agency, and make the collegial panel confirm the accusation of the public prosecution agency against the defendant through evidence, cross-examination and debate, so as to convict the defendant according to law and make corresponding punishment. The public prosecutor also shoulders the important responsibility of supervising whether the court violates the law when trying cases.
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Minor injury level 1
Identification standard of human injury degree
3.2 Minor injuries cause damage to limbs or appearance, dysfunction of hearing, vision or other organs, or other injuries that cause moderate damage to personal health, including Grade I and Grade II minor injuries.
Identification standard of human injury degree
5. 1.3 Minor injuries.
A) The cumulative length of scalp wound or scar exceeds 20. 0cm。
B) The total area of scalp avulsion injury is more than 50. The total area of 0cm2 scalp defect is more than 24. 0cm2。
C) skull depression or comminuted fracture.
D) skull base fracture with cerebrospinal fluid leakage.
E) brain contusion (fissure); Intracranial hemorrhage; Chronic intracranial hematoma; Traumatic subdural effusion
F) traumatic hydrocephalus; Traumatic intracranial aneurysm; Traumatic cerebral infarction; Traumatic intracranial hypotension syndrome.
G) Dysfunction of defecation or urination caused by spinal cord injury (mild).
H) Spinal cord contusion and laceration.
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crime of willful and malicious injury
criminal law
Article 234 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.
The crime of intentional injury refers to the act of intentionally and illegally damaging the health of others. One of the crimes of infringing citizens' personal rights and democratic rights in China's criminal law. The main features are:
1, the object of crime is the health of others. Intentional damage to health generally does not constitute a crime. However, if self-mutilation harms social interests and violates other criminal laws, it constitutes a crime.
2. The objective aspect of this crime is that the perpetrator has committed an act that illegally harms the health of others. Damage to the health of others mainly refers to damage to the integrity of human tissues or the normal function of human organs. There are many ways to harm others' health, but no matter what means are used, it is a kind of harm.
The difference of criminal means is only one of the circumstances of sentencing, not the constituent elements of this crime. The result of injury may be minor or serious injury, or it may lead to death.
The subjective elements of intentional homicide are different from those of intentional injury. Intentional homicide is for the purpose of killing, only for the purpose of injury. The key to distinguish the two crimes lies in their different intentional contents. Intentional killing is depriving others of their lives, hoping or letting others die. Intentional injury only harms the health of others and does not deprive others of their lives.
Even if the injury objectively causes the death of the victim, it is often caused by the deviation of the attack direction due to unexpected reasons in the process of behavior, or by excessive injury. The actor neither wants nor indulges in the consequences of this death, which is entirely out of negligence. Therefore, intentional injury to death cannot be equated with intentional homicide.
Similarly, attempted murder cannot be confused with intentional injury. For intentional homicide, people are not killed, not because the perpetrator is subjectively unwilling to act, but because of reasons other than will. It is unexpected that the victim didn't die, which is completely against his subjective will. In the case of intentional injury, the victim did not die, which was completely expected by pedestrians.
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Witness testimony
In criminal cases, there is a kind of evidence called witness testimony. This is the kind of evidence fixed by the judicial organs for people who know the facts of this case.
What is a witness? The witness in the criminal procedure law refers to anyone who is summoned by the judicial organs according to law and is qualified to testify. Anyone who knows the case can testify.
However, according to the law, a person who is physically and mentally defective or young and does not have the corresponding ability to distinguish or express correctly, who cannot distinguish right from wrong and express correctly, cannot be a witness.
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Holy Spirit
Defender refers to a person who is entrusted by the accused or appointed by the people's court to help the criminal suspect and defendant exercise their right to defense in order to safeguard their legitimate rights and interests. Defenders can be lawyers, people's organizations or units where criminal suspects and defendants work, or guardians, relatives and friends of criminal suspects and defendants. But only a lawyer can be appointed to defend.
Defenders have independent litigation status and are not subordinate to criminal suspects or defendants, nor to people's procuratorates or people's courts. The responsibility of the defender is to put forward materials and opinions to prove the innocence, light crime or reduce or exempt the criminal responsibility of the criminal suspect and defendant according to facts and laws, and to safeguard the legitimate rights and interests of the criminal suspect and defendant.
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National defense direction
The defender's defense direction is that the defendant's subjective crime means intentional injury, not intentional homicide.
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Facts ascertained by the public prosecutor
The fact identified by the public prosecution agency is that the defendant's subjective criminal means is intentional homicide, not intentional injury.
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Facts ascertained by the court
The court found that the defendant's subjective crime meant intentional homicide, not intentional injury.
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Public prosecution opinion and defense opinion
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victim
The victim refers to the person whose legitimate rights and interests have been infringed by criminal acts in criminal cases. Victims in a broad sense include both victims of private prosecution in criminal proceedings and victims of public prosecution in criminal proceedings. The victim in a narrow sense only refers to the victim in a public prosecution case. In criminal proceedings, the victim belongs to one party and occupies the position of plaintiff.
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judge
The defendant was convicted of intentional homicide and sentenced to 4 years in prison.
For the content of this article, please refer to episode 1 of Well, Judge.
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