20021September, the People's Procuratorate of qionghai city issued a notice saying: Li Yangju and others are suspected of organizing, leading and participating in underworld organizations, intentional homicide, stirring up trouble, obstruction of official duties, opening casinos, illegal transfer of land use rights, fraud, illegal mining, harboring, obstruction of testimony, organizing minors to violate public security management activities, illegally manufacturing guns, and illegally possessing guns.

The investigation organ found that the underworld organization headed by Li had been entrenched in Danzhou for a long time, organized a large number of illegal and criminal activities through violence, threats and other means, and used its strong position in the local area to intervene in many industries and fields such as land, casinos, entertainment places, mineral resources, farmers' markets, hospitals and timber. To attract leading cadres who corrode government functional departments and political and legal organs to act as "protective umbrellas."

Whether the crime of intentional homicide is sentenced to death depends not only on whether the victim died, but also on the overall situation of the case. For the intentional homicide caused by the intensification of civil conflicts such as marriage, family and neighborhood disputes, we must be very cautious when applying the death penalty, which should be distinguished from other intentional homicide cases that seriously endanger social order. If the victim has obvious fault or is directly responsible for the intensification of contradictions, or the defendant has a statutory lighter punishment, the death penalty should generally not be executed immediately. Attention should be paid to strictly distinguish between intentional homicide and intentional injury. In the cases of direct intentional homicide and indirect intentional homicide, the subjective malignancy of criminals is different, and there should be differences in punishment. Although indirect intentional homicide and intentional injury cause death, the nature and content of the perpetrator's intention are completely different. It is wrong to sentence the death penalty as long as there are death consequences without paying attention to distinguishing the nature and intentional content of the crime, which should be corrected in future work. The death penalty can only be imposed if intentional injury causes death and the means are particularly cruel and the circumstances are particularly bad.

The occurrence of death results can only be constituted when people with specific obligations (such as doctors and parents of babies) fail to fulfill their obligations.

Attention should be paid to the following issues when trying the crime of intentional homicide:

1. The difference between direct intentional homicide and indirect intentional homicide lies in the following: first, 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; Indirect intentional homicide, whether the victim is dead or alive, does not actively demand it, but lets it go and completely adopts a laissez-faire attitude. Second, there was a direct attempted murder, but there was no indirect attempted murder.

2. Whether the act of helping others commit suicide at the request of others constitutes this crime, there are different opinions in criminal law circles and judicial practice, mainly aiming at "euthanasia", and they think that the legal responsibility of "euthanasia" should be solved through legislation. Before the legislation can't solve it, the act of depriving others of their lives on their own initiative or with the consent of others should still constitute this crime. In principle, the perpetrator should be investigated for criminal responsibility, but the circumstances are lighter and the punishment should be lightened or mitigated. The act of conspiring to commit suicide does not have the characteristics of this crime in the process of committing suicide by agreement, and should not be convicted of this crime; Nor shall criminal responsibility be investigated.

3. When sentencing a case of intentional homicide, it is generally considered that the lesser circumstances are excessive defense and excessive homicide; Killing people out of anger; Killing because the victim has been persecuted for a long time; Wait a minute. The sentencing of indirect intentional homicide cases should generally be lighter than that of direct intentional homicide cases. If this crime is commonly known as "putting righteousness above family members", the punishment can be lightened or mitigated when sentencing.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Article 232 of the Criminal Law of People's Republic of China (PRC)

The crime of intentional homicide refers to the death penalty, life imprisonment or fixed-term imprisonment of 10 years or more; 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.