#我的2021 #
#普法行动 #
"Let you rob with me, beat you to death..." In Liuzhou, Guangxi, the man Wei Moujia is more than fifty years old this year, and the victim Wei Mouyi (pseudonym) was originally a neighbor in the same village, but the two have always been at odds, one day, the suspect Wei Moujia held a grudge because of an emotional dispute with him, prepared a fruit knife from his home to the home of the victim Wei Mouyi, slashed Wei Mouyi's neck with a knife, chased after the victim Wei Mouyi with a knife after escaping from the house, and stabbed the victim Wei Mouyi's stomach outside the house. After appraisal, the degree of injury of the victim Wei Mouyi was assessed as a serious injury of the second degree... (The material comes from the 12309 China Procuratorial Network, which the author has sorted out slightly)
1. It is really angry enough, the suspect Wei Moujia is old, actually still fighting for the wind and jealousy, this is also enough, now harming others, it seems to be evil, but in fact it is harming himself, waiting for him will be the punishment of the law...
2. In this case, from a legal point of view, the suspect Wei Moujia held a grudge because of an emotional dispute with the victim, and then committed a crime with a knife, stabbing the victim Wei Mouyi into a serious injury, and the relevant behavior was of course suspected of a crime.
Of course, from the perspective of purely objective behavior, especially from the result of causing serious injuries to the victim Wei Mouyi, the suspect Wei Moujia may be evaluated as the crime of intentional injury (causing serious injury to a person) or the crime of intentional homicide (attempted).
In fact, according to the relevant laws of the mainland, intentionally injuring another person's body and causing more than minor injuries will constitute the crime of intentional injury and shall be investigated for criminal liability. The key to distinguishing intentional homicide from intentional injury is that the intentional content of the two crimes is different.
The intentional content of the crime of intentional homicide is to deprive another person of his life, to hope or allow the death of another person to occur, while the intentional content of the crime of intentional injury is only to damage the body of another person, not to deprive others of their lives.
Of course, the judgment of the intentional content of the perpetrator cannot be determined solely on the basis of whether the death result occurred, nor can it be determined only on the basis of the confession of the perpetrator, but should be determined according to the specific circumstances of the perpetrator at the time of committing the criminal act, combined with judicial practice, the motive of the parties to attack or strike the site and the cause of the crime.
In this case, judging from the crime of suspect Wei Moujia, he prepared a fruit knife at home and went to the home of the victim Wei Mouyi, who slashed Wei Mouyi's neck with a knife. After this, after the victim Wei Mouyi escaped from the house, he still chased after him with a knife, stabbed the victim Wei Mouyi in the stomach outside the house, and did not continue to carry out the murder in the case of the other party being seriously injured, it can be seen that the subjective intention of the suspect Wei Moujia may be more to injure than directly dissect the lives of others, so it is not uncommon to evaluate it as the crime of intentional injury.
3. From the perspective of sentencing, according to Article 234 of the Criminal Law of the Mainland, whoever intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, public surveillance or criminal detention. Whoever commits the crime mentioned in the preceding paragraph and causes serious injury to a person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; whoever causes death or causes serious injury by particularly cruel means and causes serious disability shall be sentenced to fixed-term imprisonment of not less than ten years, or
It can be seen that in this case, because the suspect Wei Moujia stabbed the victim Wei Mouyi into serious injury, he may face a fixed-term imprisonment of not less than three years but not more than ten years.
However, the following sentencing factors need to be considered:
First, suspect Wei Moujia voluntarily surrendered after the case occurred and truthfully confessed his crime, according to the first paragraph of article 67 of the Criminal Law, is a voluntary surrender, which can be mitigated or mitigated.
Second, suspect Wei Moujia voluntarily admits guilt and accepts punishment, and may be given a lenient treatment in accordance with article 15 of the Criminal Procedure Law.
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