A Fudan teacher stabbed to death the secretary of the college and was given a suspended death sentence: must all the crimes of intentional homicide be the death penalty?
According to reports, Jiang Wenhua is a young researcher under the appointment system of Fudan University's School of Mathematical Sciences, and during his work, he became angry with the secretary of the party committee of the college because of his unsatisfactory work, and he went so far as to kill the secretary!
After Jiang Wenhua had murderous intent, he bought knives in advance and waited for an opportunity to retaliate. On the afternoon of June 7, 2021, Jiang Wenhua went to the victim's office with a sharp knife and stabbed Wang dozens of times in the neck and torso, causing Wang to die on the spot. Currently, the court has sentenced the death penalty for intentional homicide, with a two-year reprieve, and restrictions on commutation. #A teacher in Fudan was sentenced to a suspended death sentence for killing the college secretary##律师来帮忙#
1. What is the general sentence for intentional homicide?
According to the provisions of the Criminal Law, there are two levels of statutory punishment for the crime of intentional homicide, generally speaking, the crime of intentional homicide is generally punishable by death, life imprisonment or fixed-term imprisonment of not less than 10 years, and in the case of less serious cases, it is punishable by fixed-term imprisonment of not less than three years but not more than 10 years. It can be said that the statutory sentence for the crime of intentional homicide is as low as three years in prison and up to the death penalty.
In general, cases of intentional homicide are usually sentenced to more than 10 years in prison, life imprisonment, and the death penalty. Within this scope, it is necessary to take into account the nature of the case, the circumstances of the crime, and the subjective malice and personal dangerousness of the perpetrator.
In terms of the nature of the cases, there are two main categories: one is cases that seriously endanger public order and seriously affect the people's sense of security, such as cases that are extremely hostile to the state and society and the targets of violence against unspecified people; and the other is cases caused by the intensification of civil conflicts such as marriage, family, and neighborhood disputes. Generally speaking, the former type of cases is the focus of severe punishment, and in the latter type of cases, the death penalty is generally not imposed for immediate execution.
In terms of the circumstances of the crime, the motive, means, object, place and consequences of the crime are mainly considered. For example, a person who kills a person with the motive of "eliminating harm for the people" is generally considered to be a relatively minor circumstance, while an intentional homicide of burning a person alive by means such as arson is a cruel method and the circumstances are more serious, so the sentence is generally heavier.
In terms of the perpetrator's subjective malice and personal dangerousness, the main consideration is the perpetrator's psychological attitude towards the homicide and the possibility of recidivism. Generally speaking, a well-planned homicide with a long-term plan reflects the subjective malice of the perpetrator, while a murder of passion or an impromptu murder reflects the subjective malice of the perpetrator. In addition, if the perpetrator has a criminal record, or even a recidivist who is a violent crime, it shows that his personal danger is greater and he needs to be punished heavily.
2. What is intentional homicide with "lesser circumstances"?
According to the provisions of the Criminal Code, intentional homicide with "lesser circumstances" can be sentenced in the range of three to ten years. However, in the Criminal Law and relevant judicial interpretations, there are no clear provisions on the circumstances under which "minor circumstances" can be determined. However, there are some typical cases in this regard in judicial practice, and the main situations include the following:
(1) Excessive self-defense causing death;
(2) Killings in righteous anger (ill-treatment, humiliation or persecution of the perpetrator or close relatives);
(3) Murder of passion (loss of reason and loss of control under the stimulation and provocation of the victim);
(4) being instructed to kill (based on the victim's request to help him commit suicide);
(5) Infant drowning of biological parents (less egregious subjective motives such as the inability of biological parents to raise or show mercy).
3. Why was the perpetrator sentenced to death with a suspended death sentence in the Fudan teacher homicide case?
Generally speaking, in Jiang Wenhua's case, the various circumstances and factors are relatively complex, and there are factors that should be punished more severely and factors that should be punished lightly.
Specifically, on the one hand, Jiang Wenhua purchased a sharp knife in advance to wait for an opportunity to retaliate, which is a premeditated intentional homicide, and his killing methods are cruel, which ultimately leads to the death of one person, so he should be sentenced to death. On the other hand, Jiang Wenhua suffered from recurrent depressive disorder, which is limited capacity for criminal responsibility, and he also had the circumstance of voluntary surrender, so he was appropriately given a lenient punishment, and was finally sentenced to a suspended death sentence with a commutation of sentence.
In general, in this case, Jiang Wenhua lost his mind because of his poor work, which ruined both his own life and the victim's life, which is really regrettable!
