What is intentional homicide
Intentional homicide refers to the act of intentionally and illegally depriving others of their lives. It is a crime that violates the democratic rights of citizens. It is one of the few most egregious crimes in our country's criminal law. Article 232 of my country's Criminal Law stipulates that the crime of intentional homicide shall be punished by death, life imprisonment, or fixed-term imprisonment of not less than ten years;
If the circumstances are relatively minor, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. The crime of intentional homicide is a crime of conduct. As long as the perpetrator commits the act of intentional homicide, it constitutes the crime of intentional homicide. Since the right to life is the most basic and important right among citizens’ personal rights
, therefore, no matter whether the victim is actually killed or not, and no matter what stage the killing is in preparation, attempt, suspension, etc. of intentional crime, If it constitutes a crime, a case should be filed and prosecuted.
Does the fact that the person is not dead constitute the crime of intentional homicide?
According to the provisions of the criminal law, if a crime is completed but fails to succeed due to reasons other than the will of the criminal, it is an attempted crime. If intentional homicide fails due to factors other than the will of the criminal or the victim does not die, it is considered an attempted crime and constitutes the crime of intentional homicide (attempt).
In judicial practice, there are many types of attempted intentional homicide, including:
1. The target cannot commit suicide: For example, A intends to kill B. Late at night, he sees B stumbling on the bed. He fell down, so he stabbed it with a knife and found that it was a pillow. Was captured at this time. This is called attempted intentional homicide, and it cannot be attempted if it belongs to the target. It does not affect the conviction, only the sentencing.
2. The means must not be illegal: including the use of tools that cannot achieve the effect of causing death. For example, if you use a stick to beat B repeatedly, you want to kill B, but you can’t kill him no matter how hard you hit him. It is also an attempted intentional homicide, which does not affect the conviction, only the sentencing.
3. It cannot be committed objectively: that is, the objective aspect prevents you from achieving the effect of causing death. For example, if A wants to kill B but B wears bulletproof underwear, A will try his best to kill B but B will not die. This is also an attempted intentional homicide and does not affect the conviction, only the sentencing.
4. Subjective misunderstanding: For example, A hits B with his car, runs over B and touches down, confirming that B is dead. So he ran away. When c passed by, he found b and sent him to the hospital for rescue. b was also an attempted intentional homicide, which did not affect the conviction, only the sentencing.
Sentencing for attempted homicide
The Criminal Law stipulates that attempted homicide may be given a lighter or reduced punishment than a completed homicide.
So according to the provisions of the criminal law, those who intentionally kill people shall be sentenced to death, life imprisonment, or fixed-term imprisonment of not less than ten 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. Then the sentencing of intentional homicide (attempted) should refer to the above sentencing standards to determine the corresponding penalty.
Attempted intentional homicide still constitutes the crime of intentional homicide, but it only affects the sentencing. However, this impact is very important to the criminal suspect and is directly related to the severity of the criminal punishment and the length of the sentence. If an impulsive act leads to a catastrophe and intentional homicide is attempted, it is recommended to entrust a professional criminal defense lawyer to assist in handling the matter, actively compensate the victim for losses, and strive for leniency as much as possible.
As we all know, it is not necessary to cause the death of the other party to be guilty of intentional homicide. Attempted intentional homicide also requires criminal punishment, because the behavior itself is very dangerous.
If the motive is still there and you are still trying to scare people, you will be sentenced.