Xu and his wife have always had incompatible feelings, and Xu (male) wants to poison and kill his wife. In September 2019, Xu found He Mou (female) on the Internet and purchased "poison" from He Mou at a price of 4300 yuan, but the poison was synthesized by He Mou with water and soy sauce. After Xu received the "poison", he suddenly could not bear to poison his wife, so he discarded the "poison".
In February 2020, Xu mou had a dispute with his wife, and once again broke out the idea of poisoning his wife, and found He mou to buy "poison" again. He Mou did the same. After Receiving the goods, Xu could not bear it again and discarded the "poison" again.
A month later, Xu had the idea of poisoning his wife for the third time, and found He for the third time to buy "poison". He Mou mixed glucose and anti-inflammatory drugs into a powder and expressed it to Xu Mou this time, and Xu Mou was seized when taking the package. The case arose.
According to statistics, Xu spent a total of more than 12,000 yuan on purchasing "poison" from He three times.
Later, Xu was sentenced to one year in prison for intentional homicide. He was prosecuted for committing fraud. [Source: Xiaoxiang Morning News, Wuhan Morning News, Jiupai News] #Fahai Saying ##Learn To Avoid Pits ##法律人举案普法 #
The world is big, there are no wonders, and the real reality is more exciting than the novel! If it weren't for reality, who would have expected such a thing to happen, and we will analyze the relevant legal issues today.
1. Xu Mou, that is, the buyer's behavior, naturally constitutes intentional homicide, and he carried out the purchase of "poison" based on the purpose of killing his wife. Of course, its subjective purpose is to cure the wife to death, which naturally constitutes the crime of intentional homicide under article 232 of the Criminal Law.
According to the provisions of this article, a person who intentionally kills a person shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or the death penalty; if the circumstances are less serious, he shall be sentenced to 3 to 10 years' imprisonment, but why is the case finally sentenced to one year's imprisonment?
2. That is the plot of the man, from a legal point of view, the man's behavior is a preparation for the crime.
According to article 22 of the Criminal Law, the preparation of tools and the manufacture of conditions for the purpose of committing a crime is preparation for a crime. For preparatory offenders, the punishment may be mitigated, mitigated or exempted from punishment, as may be done.
In order to carry out the deliberate killing of his wife, the man purchased "poison" from the Internet, which can be said to be a preparation tool. However, there was no specific act of poisoning afterwards, so naturally it belonged to the preparation for crime here. The preparation for the crime can be mitigated or exempted from punishment, and from the perspective of this case, it should be a mitigated punishment for him.
In addition, during the trial, Xu's wife and children also expressed forgiveness to him. This is also the reason for his lenient punishment.
3. It is assumed that the man has been poisoned, but since the "poison" is not a real poison and the wife has no consequences of injury or death in the end, then the man constitutes an attempted intentional homicide.
Although attempted crime can also be mitigated or mitigated, it is relatively small compared to the preparation of the crime.
4. For the seller He Mou, she knows that the other party buys poison to kill people, and also sells the fake "poison" she has mixed, to some extent, it is still a life saver.
However, in the name of selling "poison", she fabricated facts, concealed the truth, and defrauded him of his property, and the amount was relatively large, which naturally constituted the crime of fraud.
5. Assuming that He is selling real poison, then she no longer constitutes such a simple crime as fraud, but a helper for intentional homicide.
Of course, for the helper, from the perspective of the joint crime, it can be identified as an accessory, that is, it can be compared with the main offender to be given a lighter or mitigated punishment.
6. The most interesting point that appears is that Xu is both a defendant who wants to murder his wife and a victim of a fraud case.
From the published indictment, we can also see that the man has forgiven He Mou, who sold drugs, and if he cannot pick up, it means that He has compensated Xu for the purchase of drugs.