Article 232 Whoever intentionally kills shall be sentenced to 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. The sentencing of a specific case requires the people's court to sentence it according to law according to the evidence of the case and the specific circumstances of each defendant. ?
Paragraph 2 of Article 20 stipulates that "the attempted crime may be given a lighter or mitigated punishment compared with the accomplished crime". ?
Classification of attempted murder:?
1, the object can't commit: for example, the unfinished murder is called attempted intentional homicide, which is an attempt that the object can't commit; Does not affect conviction, only affects sentencing. ?
2, the means can not be committed: including the use of tools can not achieve the effect of causing death, belonging to attempted intentional homicide; Does not affect conviction, only affects sentencing. ?
3, objective impossibility: that is, the objective aspect makes people unable to achieve the effect of death, which belongs to attempted intentional homicide; Does not affect conviction, only affects sentencing.
4. Subjective misunderstanding: Because of my own misjudgment, I also attempted to kill intentionally; Does not affect conviction, only affects sentencing. ?
5. Attempted crime is actually possible, and it is possible. However, if it is not completed because of reasons other than will, it is an attempted crime.
Extended data
Criminal law is a law that stipulates crime, criminal responsibility and punishment. In order to safeguard its political rule and economic interests of all classes, the ruling class stipulates what acts are crimes, what criminal responsibilities should be borne and what criminal penalties should be given to criminal suspects according to its own will.
Criminal law can be divided into broad sense and narrow sense. The criminal law in a broad sense is the general name of all criminal legal norms, while the criminal law in a narrow sense only refers to the criminal code, that is, China's People's Republic of China (PRC) Criminal Law. Associated with broad criminal law and narrow criminal law, criminal law can also be divided into general criminal law and special criminal law. Ordinary criminal law refers to the criminal law with universal use effect, in fact, it refers to the criminal code. Special criminal law refers to the criminal law that only applies to a specific person, a specific time, a specific place and a specific event (crime). In China, it is also called single criminal law and subsidiary criminal law.
2065438+On August 29th, 2005, the 16th session of the 12th the National People's Congress Standing Committee (NPCSC) voted to pass the amendment to the Criminal Law (IX). The revised criminal law came into effect on 20 15 1 1. This is also the ninth amendment to the criminal law after the comprehensive revision of the criminal law of 1997.