Fortune Telling Collection - Comprehensive fortune-telling - How many years for attempted intentional homicide?
How many years for attempted intentional homicide?
The crime of intentional homicide is stipulated as follows:
1. The content of the crime of intentional homicide is to kill without depriving others of their lives. Its characteristic is that it directly or indirectly acts on people's body, making people's life unnatural. The way to deprive others of their lives can be as an act, such as cutting with a knife, chopping with an axe, boxing, shooting, etc. , or as an omission, such as the mother deliberately not breastfeeding the baby and causing the baby to die; It can be physical methods, such as assassination and poisoning, or psychological methods, such as mental shock leading to the death of heart patients. But no matter what kind of murder, it must be in imminent danger of causing death. If murder leads to death, the crime of intentional homicide is established; If there is no result of death, the attempted intentional homicide, suspension or preparation should be established according to the specific circumstances, and of course the crime of intentional injury may also be committed at the same time;
2. For the defendant who intentionally kills or intentionally hurts and causes death, unless the circumstances of the crime are particularly bad and the consequences of the crime are particularly serious, the immediate execution of the death penalty should generally not be considered. Relatives who bring the defendant to justice or assist in the capture of the defendant should also be regarded as surrendering themselves, and in principle should be given a lighter punishment. Generally speaking, defendants who have rendered meritorious service in intentional homicide or intentional injury to death should also be treated leniently, and immediate execution without being sentenced to death may be considered. If the circumstances of the crime are particularly bad and the consequences of the crime are particularly serious, even if they have rendered meritorious service, they may not be given a lighter punishment. Direct intentional homicide has a clear purpose of killing, and holds a hopeful attitude towards the result that its behavior will lead to the death of the victim, while indirect intentional homicide does not take the initiative to ask the victim to be dead or alive, but lets it go and completely adopts a laissez-faire attitude.
legal ground
Criminal law of the people's Republic of China
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. Article 23 Attempted crime refers to attempted crime, but it is attempted for reasons other than the will of the offender.
Attempted crime can be given a lighter or mitigated punishment according to the accomplished crime.
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