Yesterday morning, the intermediate people's court has xian xian social concern for music college student medicine home xin intentional homicide case with a public trial verdict, home to the defendant medicine intentional homicide tory burch online store death penalty, deprived of political rights for the lifelong. After the sentencing, xian the handling of a court then punishment are the focus of judge the case to explain.
Keywords: passion kill
Not of passion kill all words and deeds. Because when the victim
March 23 medicine home when the court session, intentional homicide of home defenders put forward the drug, drug behaviour is passion kill. This judge says: passion kill usually refers to improper behavior because the victim and the implementation of the defendant provoked caused the behavior of killing the victim. This case if the defendant is driving down the victim, because of fears are recorded plates for legal liability, and the implementation kill people kill behavior. The victim in this case is clever in zhang is completely innocent, without any improper behavior. The murderer medicine home xin behavior does not belong to passion kill.
S passion kill without any murder, i.e. the during the victim intentionally,Tory Burch Heels Sale, but the stimulation, suggestive and lose reason, out of control and others' kill. Its must meet the following conditions: first, must be caused by the victim serious fault; the mood strongly fluctuations act Second, the actor mentally stimulated strongly, by a lose reason, loss or weaken the own recognize ability and self-control ability; Third, must be under the mental state in provoked implementation on the spot.
S intentional homicide: intentional homicide, it is to point to deliberately depriving the life of another behavior. Belong to the infringement of citizens' personal democratic rights, is a kind of crime in our country criminal law the properties of one of the worst crime shall be given a heavier, must minority quick severely punished. Our country criminal law article 232 regulation: the murderer, put to death, life imprisonment or fixed-term imprisonment; If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment.
Keywords: to surrender
Medicine home xin to surrender behavior is identified as surrender
Murder deem, medicine home in police initially asked the killer facts, medicine denying the behavior Tory Burch Pumps Sale, of parents to accompany the son shall not constitute a surrender surrender.
The judge says the, the defendant medicine home, after killing zhang wonderful way again will be away from the scene after two pedestrians, the public security organ in dealing with its bumps two pedestrians traffic accident process, although according to the injury knocked two pedestrians lighter and medicine home while CheSun larger cars the question, as a suspect in the home of the drug, but did not ask that medicine is deliberately homicide suspect. Since then, the public security organ for its asked the victim was murdered case of zhang wonderful whether his muscles, medicine home xin also denied. Later, medicine has not been taken home xin in any compulsory measures in the case,
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after the crime on the fourth day in parents escorted to the public security organ, and truthfully allege surrenders, and its behavior was criminal facts have surrendered legal constitutions, according to law shall be deemed to be surrendered.
S automatic surrendered, refers to facts of a crime or criminal suspects are not judicial authorities found, or it was found, but the criminal suspect has not been interrogated, is not compulsory measures are taken, active, direct to the public security organs, people's procuratorate or the people's court surrendered.
S surrender: refers to the crime surrendered to surrender automatically after, public security and judicial organs or other relevant organs of their crimes truthfully allege behavior. The current criminal law, may be given a lighter or mitigated surrender penalty. Among them, the crime was light can be exempted from punishment. Adopt compulsory measures by the criminal suspects, defendants,
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are criminals serving sentences, truthfully allege judicial organs have mastered with other crimes, I surrender.
After two circumstances shall not be surrendered light punishment
Our country criminal law article 67 to surrender, the provisions of the first paragraph of criminals may be given a lighter or mitigated punishment. Among them, the crime lighter, can be exempted from punishment. But whether or not be given a lighter or mitigated, be exempted from punishment, cannot treat as the same.
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