The incidental civil plaintiff XXX, female, Han nationality, born on XX, XX, is the wife of the victim XXX.
The incidental civil plaintiff XXX, female, Han nationality, born on XX, XX, with the same address, is the daughter of the victim XXX.
The incidental civil plaintiff XXX, female, Han nationality, born on XX, XX, with the same address, is the daughter of the victim XXX.
The incidental civil defendant XXX, male, Han nationality, adult, XXX, is now in custody.
Claims
1. The criminal defendant XXX was found guilty of intentional homicide according to law and given a heavier punishment.
2. According to the law, the incidental civil defendant was ordered to compensate the incidental civil plaintiff and the victim XXX for personal injury compensation of RMB 92,939.
Facts and reasons
At about xx pm on xx, xx, xxxx, in the victim's family, the victim xxx was hacked to death by the defendant XXX because of a dispute with the incidental civil defendant XXX (see the indictment of XXX by the procuratorate for details). Based on the above facts, the plaintiff in the incidental civil case thinks that:
1. Defendant XXX constitutes the crime of intentional homicide and should be severely punished according to law.
1, the defendant XXX constitutes the crime of intentional homicide.
Defendant XXX, as an adult with normal civil capacity, should have known that cutting the victim's head with a knife would lead to death, but he still committed this criminal act, obviously hoping that the victim would die. To take a step back, even if the defendant XXX had no direct intention to kill, he still committed this crime, or at least the consequences of the victim's death occurred, when he should have known that cutting the victim's head with a knife might lead to death. Article 14 of the Criminal Law of People's Republic of China (PRC) stipulates: "It is a deliberate crime to know that one's actions will have harmful consequences to society and hope or let such consequences happen." Therefore, the defendant XXX's criminal behavior, whether it is the result of hoping or letting the victim die, has constituted the crime of intentional homicide. 2. Defendant XXX should be severely punished.
According to Article 232 of the Criminal Law of People's Republic of China (PRC), "Whoever intentionally kills someone shall be sentenced to death, life imprisonment or fixed-term imprisonment of more than 10 years". The first choice of sentencing principle of intentional homicide is death penalty, which should be sentenced to death; According to the fact that this crime caused death, the fact and means of refusing to pay compensation were particularly cruel, which caused great public outrage. Not sentencing to death is inconsistent with law, emotion and reason!
2. The defendant in the incidental civil case shall compensate the plaintiff in the incidental civil case for 92,939 yuan.
According to the provisions of Article 17, paragraph 3, Article 27, Article 28 and Article 29 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, compensation should be paid for the funeral expenses and death compensation of the incidental civil plaintiff, as well as other reasonable expenses such as funeral expenses, accommodation expenses and lost time for the relatives of the victims; According to the data published in Calculation Standard for Road Traffic Accident Damage Compensation Items in XX Province (2008-2009), the specific amount that the defendant should compensate the plaintiff is as follows:
(1) Funeral expenses: according to the average monthly salary of employees in the last year where the Court of Appeal is located, the monthly salary is calculated according to the total amount of six months;
(2) Death compensation: calculated as 20 years according to the standard of per capita net income of rural residents in the last year where the court of appeal is located;
(3) Other losses: including transportation, accommodation and lost time * * * 5,000 yuan.
Above total: 92,939 yuan.
Because the defendant refused to compensate the victim's close relatives, he showed a wild attitude after committing the crime and requested the people's court to make a ruling according to law in order to safeguard the legitimate rights and interests and legal dignity of the parties.
XX Intermediate People's Court.
Legal basis: Article 101 of the Criminal Procedure Law states that if the victim suffers material losses due to the defendant's criminal acts, he has the right to file an incidental civil action in the course of criminal proceedings. If the victim dies or loses his capacity for civil conduct, his legal representative and close relatives have the right to file an incidental civil action.
If state property or collective property suffers losses, the people's procuratorate may bring an incidental civil action when it brings a public prosecution.