The crime of intentional homicide is an act of crime. As long as the perpetrator commits intentional homicide, it constitutes intentional homicide. Since the right to life is the most basic and important right of citizens' personal rights, no matter whether the victim actually died or not, no matter which stage of intentional crime preparation, attempt or suspension, it constitutes a crime and should be investigated.
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 238 Whoever illegally detains others or illegally deprives others of their personal freedom by other means shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
Those who are beaten or insulted shall be given a heavier punishment.
Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death shall be sentenced to fixed-term imprisonment of not less than ten years. Whoever uses violence to cause disability or death shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law.
Whoever illegally detains another person or detains another person in order to claim debts shall be punished in accordance with the provisions of the preceding two paragraphs.
Any functionary of a state organ who commits the crimes mentioned in the preceding three paragraphs by taking advantage of his power shall be given a heavier punishment in accordance with the provisions of the preceding three paragraphs.
Article 247 Judicial personnel who extort confessions from criminal suspects or defendants by torture or force witnesses to testify shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Whoever causes disability or death shall be convicted and given a heavier punishment in accordance with the provisions of Articles 234 and 232 of this Law.
Article 248 Supervisors of prisons, detention centers, detention centers and other supervisory institutions beat or physically abuse the supervised person, and if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
If the supervisor instructs the supervised person to beat or physically abuse other supervised persons, he shall be punished in accordance with the provisions of the preceding paragraph.
Article 289 Whoever gathers people to "smash, smash and rob", thus causing disability or death, shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law. Whoever destroys or robs public or private property shall be convicted and punished in accordance with the provisions of Article 263 of this Law, in addition to being ordered to make restitution.
Article 292, paragraph 2, Whoever gathers people to fight and causes serious injury or death shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law.
Extended data:
I. How to compensate for the crime of intentional homicide
According to Article 232 of the Criminal Law, those who intentionally kill people shall be sentenced to death, life imprisonment or fixed-term imprisonment of more 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.
This is only a principled provision, and specific cases are more important. Regarding the issue of compensation, according to the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, the relevant provisions of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases are as follows:
1, funeral expenses. (According to the average monthly salary standard of employees in the last year where the Court of Appeal is located, the total amount is calculated in six months. )
2. The living expenses of the dependents. (According to the degree of disability of the dependents, it is calculated according to the per capita consumption expenditure of urban residents and the per capita annual living consumption expenditure of rural residents in the last year where the Court of Appeal is located. If the dependant is a minor, it shall be calculated at the age of eighteen; If the dependent has no ability to work and no other source of income, it shall be counted as 20 years.
However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years. A supporter refers to a minor who should bear the obligation of support according to law or an adult close relative who has lost the ability to work and has no other source of income. ?
If the dependents have other dependents, the compensation obligor shall only compensate the victim for the part that he should bear according to law. If there are several dependents, the total annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living consumption expenditure of rural residents in the previous year. )?
3. Death compensation. (Calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the Court of Appeal is located, and calculated according to 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; More than 75 weeks, should be calculated as 5 years.
If the compensation obligee proves that the per capita disposable income of urban residents or the per capita net income of rural residents in his domicile or habitual residence is higher than the standard of the place where the court is sued, he may calculate disability compensation or death compensation according to the relevant standard of his domicile or habitual residence. The relevant calculation standards for the living expenses of the dependents shall be determined in accordance with the principles stipulated in the preceding paragraph. )
4. Mental damage. (If the victim or a close relative of the deceased suffers mental damage and the obligee requests the people's court to compensate mental damage, it shall be determined in accordance with the Interpretation of the Supreme People's Court on Several Issues Concerning Determining the Liability for Compensation for Mental Damage in Civil Tort. )
5. Transportation, accommodation, etc. (Considering the actual reasonable expenses of the deceased's family)
2. Whoever commits the crime of intentional homicide, if the circumstances are relatively minor, shall be sentenced to fixed-term imprisonment of not less than 3 years 10 years. According to judicial practice, it mainly includes:
(1) Killing with indignation means that the victim is full of evil, and his behavior has reached an intolerable level, and he is executed privately. Generally, it is parents who carry out this kind of behavior against unjust children;
(2) Passionate killing means killing others without any intention, but under the stimulation and teasing of the victim, he loses his mind, loses control and kills others. It must meet the following conditions:
First, it must be because of the victim's serious fault that the actor's mood fluctuates strongly;
Second, the actor was strongly stimulated mentally, temporarily lost his mind, and lost or weakened his ability to know and control himself; Third, it must be implemented on the spot with an angry attitude.
(3) Entrusted homicide means helping the victim to commit suicide voluntarily at his request;
(4) helping others commit suicide;
(5) The biological mother drowned her baby, that is, she killed her baby out of subjective motives such as being unable to support and saving face. (However, if it is because of son preference and extremely despicable subjective motivation, it cannot be punished as a minor case of intentional homicide. )
(6) Excessive defense
(7) Excessive hedging (those who implement emergency hedging will generally be considered as excessive hedging, and the punishment will be mitigated)
Baidu Encyclopedia-Intentional Injury