Cheng Lingsu died to save Hu Fei from poisoning, looking at the causal relationship in criminal law

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While telling stories, popularizing the law

In "The Tale of the Flying Fox", the young Hu Fei was full of vigor, relying on a body of martial arts in the world, he was free to wield and take revenge on the rivers and lakes, but he accidentally hit the poison under the evil people, and when there was no medicine to cure, Cheng Lingsu, who had been secretly promising, sucked out the poisonous blood on Hu Fei's body with his mouth in order to save his sweetheart, but he was poisoned and killed. There is also a similar plot in "Divine Eagle Hero", wu santong, a disciple of the master of one lamp, is madly hit by Li Moxuan's ice and silver needle, and his wife Wu Niangzi, although sad for Wu Santong's madness, still sucks out the poisonous blood in Wu Santong's wounds, and she is poisoned to death, leaving two brothers of the Wu family. Two women in order to save their beloved, at the expense of their own lives, this feeling is touching, the so-called asking what is the world's love, Orthodox life and death. In addition to our emotions, we focus on analyzing the death of the two people, is the poisoner responsible?

Is there a causal relationship between Cheng Lingsu's death and the poisoning behavior of the poisoner?

Whether a harmful act should bear criminal responsibility, we should focus on analyzing whether there is a causal relationship between the harmful act and the harmful result produced. Taking this plot as an example, many people will say that Cheng Lingsu's death is of course causally related to the poisoner, no one is poisoned, Hu Fei will not be poisoned, Hu Fei is not poisoned, Cheng Lingsu will not be poisoned to save him, and he will not die. If judged according to this logic, the person who produces the poison must also be held responsible, otherwise it will not lead to the occurrence of harmful results. This method of analyzing causation is called a conditional relationship in our criminal law, but if we only make a de facto judgment of the conditional relationship, we cannot think that there is a criminal law causal relationship between the two. Therefore, after we make a de facto causal judgment, we must also make a legal causal judgment. Taking this plot as an analysis, the poisoner poisoned Hu Fei, causing an urgent and realistic danger to Hu Fei's life, but it did not have any impact on Cheng Lingsu's life safety. Cheng Lingsu's final death was not the realization of the dangerous behavior of poisoning by the poisoner, in other words, the reason why Cheng Lingsu and Wu Niangzi died was not poisoned, but they voluntarily sacrificed their lives to save people and for their beloved. Their behavior is an abnormal intervening factor, so their deaths cannot be attributed to the poisoner.

Does that mean the killer can get away with it? Of course not, Hu Fei and Wu Santong were not poisoned, which was completely unexpected by the poisoner, which was an attempted intentional homicide and still constituted the crime of intentional homicide.