How to sentence the crime of intentional homicide?

The verdict of intentional homicide is as follows:

1. Whoever intentionally kills shall be sentenced to death, life imprisonment or fixed-term imprisonment of more 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;

2. A person who has reached the age of 14 and is under the age of 16 commits the crime of intentional homicide, intentional injury, causing serious injury, death, rape, robbery, drug trafficking, arson, explosion and throwing dangerous substances, and shall bear criminal responsibility;

3. A person who has reached the age of 14 and is under the age of 18 commits a crime and shall be given a lighter or mitigated punishment;

4. Those who are not given criminal punishment because they are under the age of sixteen shall be ordered to discipline their parents or guardians; When necessary, it can also be taken in for reeducation by the government.

The constitutive requirements of the crime of intentional homicide are:

1, the object of this crime is the right to life of others.

2. This crime is objectively manifested as an act of intentionally and illegally depriving others of their lives.

3. The subject of this crime is the general subject. A person who has reached the age of 14 and is under the age of 18 commits this crime and should be given a lighter or mitigated punishment.

4. Subjectively, this crime must have the intention of illegally depriving others of their lives, including direct intention and indirect intention.

The sentencing standards for the crime of intentional homicide are as follows:

1, intentional homicide, if the circumstances are serious, is generally sentenced to death, or life imprisonment or fixed-term imprisonment 10 years or more;

2. If the crime of intentional homicide is relatively minor, it shall be sentenced to fixed-term imprisonment of not less than 3 years 10 years.

To sum up, according to the law, the crime of intentional homicide may be sentenced to death, life imprisonment or more than ten years in prison; 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.

Legal basis:

Article 232 of the Criminal Law of People's Republic of China (PRC)

The crime of intentional homicide is punishable by 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.

Article 233

Whoever negligently causes death shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not more than three years. Where there are other provisions in this Law, such provisions shall prevail.

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.