Edit: Lin Ruizi
Husband and wife are the most romantic existence in the world, not only a lifelong lover, but also a lifelong relative, can enter the door of a family, become a family, how much fate. However, there are always people who cannot learn to cherish it, not only personally ruin this marriage, but even become the devil, and commit acts that are morally and legally intolerable.
Man is a combination of angels and demons. In this world, the softest and most moving thing is the human heart, and the most vicious and cruel thing is the human heart. I hope that everyone will become a good angel, upright and kind, accumulate virtue and do good deeds, and be stricter than self-discipline and cultivate virtue and respect the Law, rather than releasing the devil in the body, lawless, wrongdoing, and regretting lifelong.
Taking wedding photos is a happy and warm thing, but just after taking the wedding dress on the day of killing his wife, how is this to destroy humanity? How much resentment is there behind it? Let's look at the case of Bin X's intentional wife murder decided by the Intermediate People's Court of Changsha City, Hunan Province.
I. Case Introduction
Cause of action: Intentional homicide
Draft issue: (2020) Sho 01 punishment first No. 90
Facts of the case: Defendant Bin xxx and victim Fu xxx are husband and wife, and Bin xxx has always suspected that his wife Fu xxx is having an affair. On May 23, 2020, Mr. Bin and Mr. Fu took wedding photos from Yuhu District of Xiangtan City, Hunan Province to Yuelu District of Changsha City. During the photo shoot, Bin XX told Fu XX that he had engaged in prostitution after marriage, and asked Fu XX whether he had an affair, Fu XX denied it, and refused to forgive Bin XX's prostitution behavior, and the two had a conflict. At about 21:00 on the same day, the two drove back to Xiangtan City from the highway and quarreled in the car. Bin X drove to 160 km / h, and turned the vehicle right to crash into the guardrail outside the highway and died with Fu X. Fu moumou saw the situation, grabbed the steering wheel and tried to straighten the steering wheel, and finally the vehicle hit the guardrail and continued to drive forward for a distance before stopping. After the car stopped, Bin Moumou got out of the car and dragged his wife outside the car, grabbed his wife's hair, and smashed the back of his head into the highway road many times, causing the back of his head to land and bleed. Bin moumou found that his wife was unconscious before stopping. On May 25, 2020, the victim Fu Moumou died of severe brain injury caused by blunt external force and was ineffective in rescue.
After the case occurred, the close relatives of defendant Bin XX compensated the economic losses of the close relatives of the victim Fu XX on behalf of 1106430 yuan, and Fu XX's close relatives expressed forgiveness to Bin XX.
The court held that defendant Bin X illegally deprived others of their lives, causing the death of one person, and his conduct constituted the crime of intentional homicide. The charges charged by the public prosecution were convicted. Defendant Bin X's truthful confession of his crime after arriving at the case is a confession and may be given a lenient punishment in accordance with law. After the incident, defendant Bin xxx actively made compensation, confessed guilt, repented, and may be given a lighter punishment as appropriate. This case was triggered by marital feelings, and the victim's close relatives expressed forgiveness to defendant Bin Junjie, and defendant Bin xxx could be given a lighter punishment as appropriate. After investigation, according to the defendant's confession, his mind was blank after committing the criminal act, and he did not realize whether the vehicle-mounted Anjixing had called the police, which was not "knowing that others reported the case", did not conform to the situation of voluntary surrender, did not constitute voluntary surrender, and the above defense opinion was not established, and this court did not adopt it.
The Court's Judgment:
Defendant Bin X committed intentional homicide and was sentenced to life imprisonment and deprivation of political rights for life.
How does China's Criminal Code provide for the crime of intentional homicide?
Article 232 of the Criminal Law stipulates that whoever intentionally kills a person shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years;
Third, I believe that many people cannot emotionally accept that this kind of scum is still alive in this world, and feel that they should be sentenced to death in order to be very happy. How can you be sentenced to life imprisonment with a light sentence?
Article 67 of the Criminal Law stipulates that those who voluntarily surrender after committing a crime and truthfully confess their crime are self-surrendering. For criminals who surrender voluntarily, the punishment may be mitigated or mitigated. Among them, those who commit a relatively minor crime may be exempted from punishment.
Where criminal suspects, defendants, or convicts currently serving sentences who have been subject to compulsory measures truthfully confess other crimes that the judicial organs have not yet grasped, they are deemed to have voluntarily surrendered.
Although a criminal suspect does not have the circumstances of voluntary surrender provided for in the preceding two paragraphs, but truthfully confesses his crime, he may be given a mitigated punishment;
Therefore, according to the provisions of article 67 of the Criminal Law, even if there are no circumstances of voluntary surrender, if the defendant truthfully confesses his crime after arriving at the case, it is a confession and can be given a light punishment according to law. If the defendant actively makes compensation, admits guilt, or repents, he may also be given a lighter punishment as appropriate. Where in criminal cases arising from marital feelings, where the victim's close relatives have already obtained forgiveness, the defendant may also be given a lenient punishment as appropriate.
The law is the lowest bottom line of morality. Luo Xiang, a professor of criminal law, once said, "The law is only the minimum moral requirement for people, and if a person claims to be law-abiding, that person may be a scum." "A good marriage needs sincerity and cherishing, not suspicion and doubt, and what is needed is unswerving loyalty, not a ghost fetus." May the good people in the world spend a good full moon and grow old with a white head.