On how to define intentional homicide and intentional injury death

Abstract intentional homicide and intentional injury death, although the country has been the difference between criminal law provisions, but because of China's criminal law is too simple, practical operation which produces a lot of disagreement on the definition of the two will become one with controversial topic. This will be a criminal appeal cases, for example, to talk about how to define intentional homicide and intentional injury causing death legal boundaries

Paper Keywords intentional homicide criminal complaint intentional injury legal boundaries

Judicial practice, intentional injury causing death and intentional homicide Accomplished objectively caused the victim's death are the consequences and how to correctly define intentional injury causing death and intentional homicide is more complex, the fundamental difference between the two lies in the content of different subjective intent. The essential characteristics of intentional homicide that assault the right to health, the perpetrator consequential or knowingly cause the death of another, and wishes or allows such results occur; intentional assault that infringe the essential characteristics of the health right perpetrator inevitable or likely to cause harm to others knowing, and wishes or allows such results occur, but if intentional injury causing death, death results do not belong to the perpetrator wants or laissez-faire content.

First, the basic facts

January 5, 2008 at 11 am, the defendant Liu XX District in Guangzhou City, a village in a town center street 'Happy about' Kara OK hall drink consumption in the Kara OK hall entrance with the victim because of a trivial Jiangmou a companion Deng Moumou, Moumou dispute settlement between the two sides. Subsequently, the victims of this situation that despite discouraging seized him by the defendant Jiang Moumou Liu XX hair and press down, the defendant Liu XX is used to carry knives stabbed the victim's abdomen Jiang Moumou two knife, causing the injured fled the scene. After Jiang Moumou victim died in hospital on January 7 in the same year died. In the same year on January 18, police officers in Dongguan City, Guangdong Province, Liu XX arrested the defendant. The forensic identification: the role of the victim Jiang Moumou lines were sharp right side of the abdomen caused by the right lobe, the hepatic portal vein and inferior vena cava rupture due to hemorrhagic shock and death. In the same year on June 11th People's Court sentenced the defendant Liu XX intentional injury fourteen years imprisonment and deprived of political rights for four years.

February 26, 2009, the victim's father, Jiang Moujiang against Jiang Moumou court, appeal to the prosecution, the court considers errors as intentional homicide crime of intentional injury causes abnormal light sentencing of the accused. Kongshen procuratorate departments valuing the case, at March 16, 2009 filing review. After access to the public security organs, public prosecution department and the court docket, as well as multi-party investigation, on May 20, 2009 review end. Court has been inspected and that the original verdict, the facts are clear, the evidence is reliable and sufficient, qualitative accuracy, applicable law appropriate sentencing properly, it was decided to dismiss his complaint.

Second, the main contentious issues

The complainant Jiang Moujiang that case the verdict the defendant guilty of intentional assault case Liuhua Song qualitative errors, should be recognized as intentional homicide. It believes that the victim of the defendant Liuhua Song Jiang Chengfeng not cause any injury and threatening situations, the defendant Liu Huasong carry a knife pierced twice the victim, and twice were hitting home with subjective intentional homicide, objective has caused the death of the victim Jiang Chengfeng serious consequences, so the defendant Liuhua Song has constituted intentional homicide.

Third, the processing reasons

Court has been inspected and that the original bill verdict, the defendant constitutes a crime of intentional injury Liu XX facts are clear and sufficient evidence:
First, the case all the evidence is extracted after the incident the first time, highly admissible; than the testimony of witnesses (including the victim and the accused party party) to confirm each other, consistent with the confession of the accused is also consistent, with forensic and other documentary evidence, to form a complete chain of evidence is sufficient to prove defendant's conduct constitutes a crime of intentional injury.

The second, identified as intentional injury rather than intentional homicide has the following basis:

1. Cases cause. The defendant and the victim Jiang Moumou Liu XX strangers, the two sides did not have any grudges and hatred sink day, the attack occurred due to small sky, an impulse, passion killings, in which case, the defendant can not be with intentional homicide motives, their subjective warning or obvious intent to vent their anger.

2. Use tools. Defendant Liu XX is a tool used to attack fruit knife and fruit knife is not the perpetrator intended to prepare the assailant has a chance, and it is not in dispute initially took out a fruit knife threatened the victim, but in the force There are less than in the case pulled out a fruit knife.

3. Violations of implementation. The defendant was the victim Jiang Moumou Liu XX hold hair, which carry a fruit knife stabbed the victim twice, immediately fled the scene. Behavior in moderation, not only stop deadly.

Based on the above analysis, the original bill characterized as intentional injury is reasonable.
Court finds that the original bill the facts are clear and sufficient evidence, qualitative accuracy, applicable law appropriate sentencing properly, the complainant did not present new facts and evidence, according to 'The People's Procuratorate review the criminal complaint case provides that' the provisions of Article 24, the complainant people Jiangda Jiang complaint is untenable, dismiss the complaint.

Fourth, the case raises thinking - how to correctly define intentional homicide and intentional injury causing death

Judicial practice, the boundaries between the two can often be identified to consider the following aspects:
1. Cases cause. Attack occurs due to little things of life, or because the two sides deep grudges, hatred has always been there; is plotted on impulse or after, these can help us to analyze whether the perpetrator's motive to kill. General opinion, if the two sides are not deep grudges, simply because everyday chores or neighborhood conflicts, such as the mouth caused by everyday crime, generally tend to intentional injury, but if the parties already hatred, deep grudges, 'Rome, cold day ', but because of a particular incident triggered the criminal act, in general, more in line constitute a crime of intentional homicide. From a psychological perspective, if the parties had no hatred, just because a particular emotional stimuli will cause the perpetrator because of a momentary impulse irrational anger or, in this case irrational, prone to unexpected unintended consequences. But in this case, the perpetrator does not have great social harm and physical threats, and its behavior nor a purpose, in this case, the perpetrator should not be identified with the intent of intentional homicide. However, if the parties have deep grudges, because the two sides had to hate other events buried in the heart, the hearts of long time behavior of the specific behavior, routes or unexpected consequences of the damage. Such behavior caused great harm to human society, physical threats of large, on the other members of society a greater threat, so this crackdown should also increased correspondingly.

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2. The relationship between the defendant and the victim usually. Good relationship or general, or strangers, or enemies for many years, etc. It also helps us to determine whether the perpetrator's motive to kill. In general, if the relationship is good, as old friends or neighbors, usually cordial relations, daily chores occasional dispute only because the perpetrator nor the specific implementation of deliberate criminal acts, such as pit Capitol, this time comparing comply with the characteristics of crimes of passion, not of intentional murder to be evaluated. However, if the two sides are enemies for many years, they often have long-standing conflict is a long enemy, the other party will have long hated, at this time, the perpetrator of the crime must be taken after careful consideration, after a long ideological struggle with the planned , its purpose is quite clear that his hatred wishing each other put to death. At this point, the perpetrator should be evaluated intentional homicide.

3. Tools and blow the site. Inspection tools and combat area, the case must be combined with other facts to analyze the behavior characteristics of nature. The perpetrator used the tools of crime, and the crackdown against the site, is to evaluate the intentional homicide and intentional injury to the most important differences. If the two sides had no deep grudges, only because of a momentary anger, crimes of passion, then, is not an act of crime tools will prepare people deliberately or carry, crime tools are most likely to come from the scene, the perpetrator can be picked up or readily at your fingertips The. At this time, the perpetrators tool has arbitrariness substitutability and other characteristics. However, if the crime is the perpetrator to bring their own tools, and well prepared, then, to a certain extent explains its long criminal intent, its tools of crime must not originate from the scene, this time is difficult to say the perpetrator is a momentary anger, passion crime, which must be a premeditated crime prepared. The strike of the site is also a major consideration. Slightly with common sense should know that the heart, brain and other parts are an important part of people. Human brain is the nerve center, dominates the person's overall activities and activities overall coordination; while the heart is the body's 'engine' is inseparable from human life activity of oxygen, while the body is blood oxygen transport in the blood hemoglobin combines with oxygen and oxygen to various body organs. Blood flow depends on the heart is beating, the enormous pressure, relying on the pressure generated by the heart beat will be transported to the body, achieved by the arterial blood to the conversion, complete blood metabolism. Therefore, the heart, brain and other parts of the operation relates to human life, is the body's most important organs. If the perpetrator of the specific criminal acts against the other person's heart, brain and other parts, so we generally think are caused by the perpetrator's subjective intent to kill another person, this time should be used to evaluate the behavior of intentional homicide. And if the perpetrator of the implementation of the specific behavior of others is only for hands, feet and other non-central parts of the body, then we generally think it does not have a person to kill a subjective intent, this time should be evaluated in order to intentionally hurt.

4. Violations of implementation. Generally speaking, for the purpose of intentional homicide is murder, often manifested as a means of cruelty without restraint, did not mention the victim to death will not stop. And intentional injuries are generally caused by damage to the other party in order to meet, do not want to cause the other death, often have more control. However, in the specific social practice, we can find, whether it is intentional homicide or intentional injury, the perpetrator at the time of specific acts are in a highly nervous state of mind, hence in general, in such tense circumstances, also requires the perpetrator to be self-restraint, it is a difficult one. According to China's criminal law consistent with the principle of subjective and objective, the perpetrator of a specific implementation of the subjective intent of the behavior is difficult to determine, at this time we are generally based on their specific behavioral outcomes to determine the prevailing subjective ideas.

V. Conclusion

Although we can make intentional homicide and intentional injury than the theoretical boundary points, but in practice this operation among the many problems still exist. And because there are many ways that distinguish these subjective factors, either of the parties or as a subjective state of the judiciary finds are due to human judgment. The personal judgment because everyone's level of knowledge and understanding of the difference in ability, there is a big difference, subjective judgments stability is difficult to withstand the test. Therefore, we eagerly look forward to our laws capable of intentional homicide and intentional injury to make specific provisions to reduce the practice of controversy and disagreement.

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