The night of the murder, Xue Mou and her husband outside after drinking, with a two-year-old son, take a cab home. When getting out of the car Xue said to the cab driver, "My family is also raising cabs."
The husband became upset and thought he shouldn't tell outsiders about his family's cab business. The two of them therefore had an argument, and even fight. In a fit of anger, Xue took out two sharp knives from the kitchen and stabbed her husband in the neck, arms and legs. Seeing her husband was injured and fell to the ground, Xue hurriedly dropped the knives, and called 110, 120 phone. However, when the doctor arrived at the scene, her husband was already dead. Yulin City Procuratorate to Xue suspected of intentional injury to the court.
Why was the charge prosecuted for intentional injury rather than intentional homicide?According to Article 232 of the Criminal Law, intentional homicide shall be punishable by death, life imprisonment, or more than ten years' fixed-term imprisonment; or in less serious cases, by fixed-term imprisonment of more than three years and less than ten years. And Article 234 of the Criminal Law stipulates that anyone who intentionally injures another person's body to the point of death shall be sentenced to more than ten years' imprisonment, life imprisonment, or the death penalty. It can be seen that, in general, the two offenses are different but the penalties imposed are more or less the same.
So, how to distinguish between intentional injury and intentional homicide? This is mainly depends on the subjective thoughts of the perpetrator at that time, in the end, do you want to kill each other? Or just want to hurt each other physically? And this subjective idea is needed through the objective behavior, the external performance to determine.
The case, Xue in the quarrel with her husband, in the absence of premeditation, knife stabbing her husband's body in a number of different parts, in the aftermath of the timely call 110, 120 phone, so it is difficult to find that she has the idea of intentional homicide. Of course, if Xue with a knife directly stabbed her husband's neck, or even repeatedly stabbed him in the neck, then basically can be recognized as intentional homicide.
The case was first examined and prosecuted by the Shenmu Procuratorate, which is a county-level procuratorate, and then transferred to the municipal Yulin Procuratorate, which basically takes into account the question of future penalties.
How can Xue be sentenced? Can you get a suspended sentence, will you get the death penalty?According to the Criminal Procedure Law and related laws on the level of jurisdiction, for cases that may be sentenced to life imprisonment or the death penalty, only the municipal procuratorate will review and prosecute.
For family conflicts, the defendant is usually given a life sentence, or even a suspended sentence (for example, after a long period of domestic violence, the husband killed his husband), which is why this case was initially examined by the county prosecutor's office.
Only after that, it may be that Xue's behavior is considered to be of a more severe nature, or Xue's father-in-law and mother-in-law did not understand Xue and insisted on a heavier punishment, so it was then transferred to the municipal prosecutor's office. In this case, Xue was eventually sentenced to life imprisonment is the most likely, of course, does not rule out the possibility of sentenced to imprisonment.