2. Anyone who commits this crime and the circumstances are relatively minor shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years. According to judicial practice, it mainly includes:
(1) Intentional homicide due to excessive self-defense;
(2) Indignation homicide, that is, the victim is guilty of serious crimes and the behavior has reached an unbearable level. Private execution. Generally, parents commit this act against their unjust sons;
(3) Passion killing, that is, without any intention to kill, but under the stimulation and provocation of the victim, they lose their reason, lose control, and kill others. It must meet the following conditions:
First, it must be due to the victim’s serious fault and the perpetrator’s mood swings are strong;
Second, the perpetrator is mentally stimulated and temporarily Losing reason, losing or weakening the ability to understand and control oneself;
Third, it must be carried out on the spot in an angry state of mind.
(4) Commissioned homicide, that is, helping the victim commit voluntary suicide at the request of the victim;
(5) Killing a person who helps others commit suicide;
(6 ) A biological mother drowns her baby, that is, she kills her baby out of subjective motives such as being unable to raise him or saving face. If the drowning is caused by the thought of favoring boys over girls, and the subjective motives are extremely despicable, the crime is relatively minor and the punishment cannot be given lightly.
Extended data:
Article 232 of the "Criminal Law": Anyone who intentionally kills shall be sentenced to death, life imprisonment, or fixed-term imprisonment of not less than ten years; if the circumstances are relatively minor, he shall be sentenced to death Fixed-term imprisonment of not less than three years but not more than ten years.
Article 36: Compensation for Economic Loss and the Principle of Civil Priority If the victim suffers economic losses due to criminal acts, he shall be given criminal punishment in accordance with the law and shall be compensated for the economic losses according to the circumstances.
If a criminal who is liable for civil compensation is also sentenced to a fine and his property is insufficient to pay the full amount, or if his property is sentenced to confiscation, he shall first bear civil liability for compensation to the victim.