How to treat the case of cheating and killing his wife?

1. In a few months, Zhang Man bought more than a dozen insurances for his wife Xiaojie, with a coverage of 20 million to 30 million, and set himself as the beneficiary after his wife died. Then he took his wife to travel to Phuket, Thailand, brutally killed Xiaojie at the villa hotel, then faked the scene and lied to his parents-in-law that his wife drowned. The author believes that the plot of this case is bizarre and cruel, but the legal relationship is clear. Zhang may constitute the crime of insurance fraud and homicide, and be punished for several crimes.

2. According to Article 198 of the Criminal Law, whoever commits insurance fraud in any of the following circumstances, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan, or his property shall be confiscated:

(5) The applicant or beneficiary intentionally causes the death, disability or illness of the insured to defraud the insurance money.

According to Article 232 of the Criminal Law of People's Republic of China (PRC), the crime of intentional homicide refers to the act of intentionally and illegally depriving others of their lives. It belongs to the crime of infringing citizens' personal democratic rights. It is one of the few criminal acts with the worst nature in our criminal law.

Article 232 stipulates that 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.

Third, in this case, the suspect Zhang deliberately killed the insured's wife after insuring a huge amount of insurance for his wife, with the intention of defrauding 30 million insurance money. It is worth noting that the suspect Zhang did not get the insurance money and failed, which is an attempted crime of insurance fraud. According to "Reply on whether attempted insurance fraud can be treated as a crime" issued by the Supreme People's Procuratorate Research Office, if the perpetrator has started to commit insurance fraud, but fails to obtain insurance compensation due to reasons other than will, it is an attempted fraud. If the circumstances are serious, criminal responsibility shall be investigated according to law.

Therefore, Zhang constitutes a concurrence of insurance fraud and intentional homicide, and should be punished for several crimes and investigated for criminal responsibility.