Analysis: There is a causal relationship.
Causality in criminal law refers to the relationship between people's harmful behavior and harmful results. Causality is the objective basis to solve the defendant's criminal responsibility, but with causality, it is not necessary to investigate the criminal responsibility of the actor, but also to have guilt and subject requirements. In this case, the behavior of the actor driving the cow off the pond with the handle of his hand is the cause of the harmful result of the girl drowning directly, and it is the relationship between the harmful behavior and the harmful result. So of course there is a causal relationship.
Second, what is the form of sin?
Analysis: the form of crime belongs to negligence.
There are two forms of crime, one is intentional, and the perpetrator subjectively has the mentality of hope (direct intention) or laissez-faire (indirect intention) and does not object to the occurrence of harmful results; The other is negligence, the actor is subjectively overconfident or negligent, and opposes the occurrence of harmful results.
In this case, Hong saw the girl sink and rushed into the water to save her, but failed. Hong's explanation for saving the girl is that Hong opposes the result of the girl's death. Therefore, Hong's subjective sin belongs to negligence.
Third, should Hong be investigated for criminal responsibility? Why?
Analysis: Hong will not be investigated for criminal responsibility.
Hongmou 1987 10 was born. By the time of the crime on August 26th, 2002, Hongmou had reached the age of 15, belonging to a person who had reached the age of 14 but not reached the age of 16. According to the second paragraph of Article 17 of the Criminal Law, a person who has reached the age of 14 but under the age of 16 commits the crime of intentional homicide, intentional injury, serious injury or death, rape, robbery, drug trafficking, arson, explosion and poisoning, and shall bear criminal responsibility.
That is to say, the criminal law excludes the criminal responsibility of all criminal acts except eight kinds of serious intentional crimes of people who have reached the age of 14 and under the age of 16. In this case, Hongmou is a negligent crime and does not belong to the category of eight intentional felonies. Of course, criminal responsibility cannot be investigated.
##############
Legal basis: criminal law
/item/fagui ku/xingf/r 10 10 . html
Article 17 A person who has reached the age of 16 shall bear criminal responsibility for committing a crime.
A person who has reached the age of 14 but under the age of 16 commits the crime of intentional homicide, intentional injury, serious injury or death, rape, robbery, drug trafficking, arson, explosion and poisoning, and shall bear criminal responsibility.
If a person who has reached the age of 14 and is under the age of 18 commits a crime, he shall be given a lighter or mitigated punishment.
If a person is not given criminal punishment because he is under the age of sixteen, his parents or guardians shall be ordered to discipline him; When necessary, it can also be taken in for reeducation by the government.
#################
Amazingly, the respondent upstairs actually created an unprecedented penalty of "life imprisonment, suspended for two years". . . .