#我的2021 #
#普法行动 #
"It's so hateful! She spent all the money I earned from planting "kiwifruit", not to mention, but also to cheat my feelings..." In Anshun, Guizhou, there was a lamentable love murder: the suspect Zhou Sen (pseudonym) met the victim Lei Through mobile phone chat software, and the two met shortly after having sex, and promised to be a long-term "lover". However, Zhou Sen found that Lei also had an "improper" male-female relationship with other men, and Zhou Sen repeatedly warned Lei not to interact with other men, and repeatedly deleted the contact information of other men in Lei's mobile phone, but Lei repeatedly added, and Lei's attitude towards Zhou Sen became increasingly cold, and several times proposed to break up with Zhou Sen. Zhou Sen is extremely dissatisfied with Lei, but even so, Zhou Sen is still unwilling to be separated from Lei. One day, after the two met in the courtyard of the mobile base station on the top of the mountain, after having sex, there was a dispute over whether to break up and return the mobile phone, Zhou Sen was angry, so he took out a sharp knife purchased in advance and stabbed Lei's chest and abdomen several times, causing Lei to flee the scene after falling to the ground... (The material comes from jiupai news, the author slightly sorted it out)
1. In fact, in the eyes of outsiders, this case is a tragedy and can be completely avoided. Just like many netizens joked, the way lovers get along, the combination is in place, the difference is divided, if this is good for everyone! Why bother with it so much, hurt others, seem to have a bad mouth, don't know that it also hurts itself, and finally suffers from the family...
2. In this case, from a legal point of view, on the day of the crime, the suspect Zhou Sen successively committed two acts, one was to have sexual relations with the victim Lei, and the other was to stab the victim's key part with a knife, resulting in his death.
Because the victim Lei mou has died, when the suspect Zhou Sen had a relationship with him, whether there was a situation such as forcing the other party's subjective intentions and going against the will of the other party, it may be due to the lack of the victim's confession (after all, there is no evidence of death), and all the confessions are only the words of the suspect Zhou Sen, if there is no other evidence to support it, it can only be handled in accordance with the principle of no doubt in the criminal law and the principle of benefiting the defendant, so it does not constitute rape.
That is to say, if the suspect Zhou Sen asks for a compound and is rejected by the victim Lei Mou, he has a bad intention, intends to sexually assault the victim, forcibly have sexual relations with him, and finally commit intentional homicide after being resisted by the victim, then this is rape causing death or rape and intentional homicide Are punished together, according to the relevant provisions of China's criminal law, the maximum punishment for both cases is the death penalty.
In fact, as many previous case studies have pointed out, judging whether an act constitutes the crime of rape mainly depends on two points, one is to see whether the perpetrator uses violence, coercion or other means; the other is to see whether the perpetrator's behavior is against the will of the woman, in other words, whether the sexual act has occurred with the consent of the woman.
At present, in this case, after all, there is no other evidence to support it, and whether or not to use violence or coercion to have a relationship with the victim Lei before the suspect Zhou Sen committed the crime can only be based on a confession in favor of the defendant, that is, it cannot be evaluated as forced sexual relations.
3. However, even so, the suspect Zhou Sen objectively did commit intentional murder and led to the death of the victim Lei Mou, and the relevant behavior should of course be evaluated as intentional homicide.
In fact, the crime of intentional homicide refers to the intentional and illegal deprivation of the life of another person. Life is the basis and prerequisite for the exercise of all other rights, and the life of any citizen is protected by law. Moreover, the crime of intentional homicide is committed, and as long as the perpetrator commits intentional homicide, it constitutes intentional homicide.
From the perspective of sentencing, article 232 stipulates that the crime of intentional homicide refers to the intentional homicide, which is punishable by death, life imprisonment or fixed-term imprisonment of not less than 10 years; If the circumstances are less serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
It can be seen that compared with other ordinary crimes of intentional homicide, the sentence is extremely serious, constituting intentional homicide, first of all because of the death penalty.
That is to say, for the suspect Zhou Sen, even if the principle of favoring the defendant does not consider whether he is suspected of rape, but only evaluates his intentional homicide-related acts, it is very likely that he will be sentenced to death.
What do you think about that? The comments section below awaits your high opinion.
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