2. Subjective aspect: intentional homicide-intentional, including direct intentional and indirect intentional; Manslaughter-negligence, including carelessness and overconfidence.
"stabbing 100 knife to kill people" belongs to intentional homicide to a great extent. Although I have also considered whether there will be irrational defensive behavior in extreme cases, referring to the "Kunshan anti-killing case" some time ago (in extreme cases, the defender stabbed the attacker seven times in a few seconds), it was suspected of "excessive defense" and finally the court ruled it as "legitimate defense". In an extremely dangerous situation, hitting seven knives in a few seconds can be considered as "justifiable defense" of "unconditional reflex", but "stabbing 100 knife" should be a conscious act, because the reaction time of the actor has far exceeded the time of "unconditional reflex", which should be characterized as "negligence" and "intention" to a greater extent.
Now let's measure the sentences.
Sentencing refers to a criminal judicial activity in which the people's court determines whether to impose a penalty on a criminal, what kind of penalty and a combination of several crimes, and decides whether to execute the penalty immediately according to the provisions of the criminal law.
criminal law
Article 232 Crime of intentional homicide
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.
Article 233 Crime of negligent death
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.
"Stabbing with a knife" is not considered, because the conviction depends on the specific situation and cannot be determined as "intentional homicide". However, "stabbing 100 knife to kill" is likely to be classified as "intentional homicide", and the circumstances are serious and the subjective intention is obvious, so it should belong to the ranks of "death penalty, life imprisonment or fixed-term imprisonment of more than 10 years".
(The above judgment was made after the practitioner became an adult. )
But sentencing should also consider the age of the criminal.
Article 17 of the Criminal Law of China:
1, a person who has reached the age of 16 commits a crime and should bear criminal responsibility, which is called the age of full criminal responsibility. (The subject of this crime of intentional homicide is a natural person who has reached the age of 14 and has criminal responsibility; The subject of the crime of manslaughter is a natural person who has reached the age of 16. Therefore, people who have reached the age of 16, whether it is "intentional homicide" or "manslaughter", should bear criminal responsibility. )
2. People who have reached the age of 14 but under the age of 16 should bear criminal responsibility only if they commit the crimes of intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion and poisoning, which is called the age of incomplete criminal responsibility. (Description 14 above 16 below "intentional homicide" requires criminal responsibility, while "manslaughter" does not. )
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. Even if the circumstances are particularly serious, the death penalty cannot be applied. (Article 49 of the Criminal Law stipulates that the death penalty is not applicable to persons under the age of 18 at the time of committing a crime or women who are pregnant at the time of trial. )
4./kloc-People under the age of 0/4 are persons without criminal responsibility, and they shall not bear criminal responsibility. So/kloc-it is not a crime for people under 0/4 to kill. It is neither recognized as a crime, nor can it be investigated for criminal responsibility, and it will not be sentenced after adulthood. However, parents should strengthen education, and the liability for compensation involved should be borne by parents.