Traditional Culture Encyclopedia - Hotel accommodation - Changshan international hotel shot and killed people
Changshan international hotel shot and killed people
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.
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.
[Relevant judicial interpretation documents]
Summary of the Symposium of National Courts on Maintaining Rural Stability in the Supreme People's Court (1999. 10.27 Law [1999] No.217).
(a) for cases of intentional homicide and intentional injury, it is necessary to accurately grasp the standard of applying the death penalty to intentional homicide. 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 intentional homicide cases caused by the intensification of civil conflicts such as marriage, family and neighborhood disputes, the application of the death penalty must be very cautious and 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 statutory circumstances of 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, criminals are different in subjective malignancy and should be punished differently. Although both indirect intentional homicide and intentional injury lead to death, the intentional nature and content of the perpetrator 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.
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