Traditional Culture Encyclopedia - Photography major - Two people fought to death. Is it a crime for bystanders to commit a crime?

Two people fought to death. Is it a crime for bystanders to commit a crime?

Two people fought to death, and bystanders did not commit a crime.

Bystanders who commit the following acts shall bear corresponding responsibilities:

1. Although they did not participate in the fight, they cheered on and helped one or both parties;

2. Take photos or videos nearby and post them publicly online.

A fight that results in death is suspected of intentional injury. Those who cause death will be sentenced to fixed-term imprisonment of more than ten years, life imprisonment, or death. The court will determine the sentence based on the circumstances of the crime. The crime of intentional injury is intentional in its subjective aspect. That is, the perpetrator knows that his behavior will cause damage to the health of others, and hopes or allows this result to happen. Under normal circumstances, the perpetrator may not have a clear understanding and pursuit of the degree of harm his harmful behavior can cause to the victim in advance. Regardless of the degree of the result, it is within the subjective mens rea. Whether it is intentional minor injury or intentional serious injury can be determined based on the actual injury result.

The crime of intentional minor injury also has the problem of attempted crime. However, if the intention of serious injury is very obvious, such as an attempt to seriously disfigure the person, and the act has already been carried out, but fails due to reasons other than the will, even if no actual harm is caused, the person should be convicted and sentenced as the crime of intentional serious injury (attempt). The act of intentionally and illegally harming the body of another person is the crime of intentional injury. Standards for filing cases of the crime of intentional injury. According to relevant regulations, private prosecution cases directly accepted by the People's Court include minor criminal cases where the People's Procuratorate has not initiated a public prosecution and the victim has evidence to prove it: Intentional injury cases should be filed if the person intentionally harms another person's body, and does not need to be a minor injury or above. standard.

Article 234 of the Criminal Law of the People's Republic of China and the People's Republic of China. Anyone who intentionally harms the body of others shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever commits the crime in the preceding paragraph and causes serious injury to another person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; whoever causes death or serious injury and severe disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than ten years but not more than ten years, life imprisonment or death. If this law provides otherwise, the provisions shall prevail.