Study On The Case Of Intentionally Inflicting Injury And Causing Death

The case of intentionally inflicting injury upon another person and causing death to the person is the result adding the crime of intentional injury. On the occasion of the result adding the felony, crime suspect should undertake the legal responsibility for the result adding the felony. So the punishment is more severe than usual offense. Theorists pay widely attention to the crime of intentional injury and people often meet some intractable problems, especially in the case of intentionally inflicting injury upon another person and causing death to the person, there is often very intense disputes, which include the definition of injury, the content of intention, the difference among intentional injury upon another person and causing death to the person, the case of murder with indirect intention and the case of error which sends the person to die and so on. These disputes will directly affect the problems of determines guilt of the criminal with the discretion of punishment. The function of these disputes is very important. In order to solve the problems in disputes, which often occur in judicial practice, this paper specifically investigates the four aspects:The conditions which come into crime's existence about the case of intentionally inflicting injury upon another person and causing death to the person. The conditions which come into crime's existence about the case include the objective aspect and the subjective aspect. The objective aspect includes: the behavior which the person offense; taking the result of death into place; the causality between the behavior which the person intentionally offense and the result of death. The subjective aspect includes: the intention of inflicting injury; the error for the result of death.The difference between the case of intentionally inflicting injury upon another person and causing death to the person and related crimes. Commonly, the case of intentionally inflicting injury upon another person and causing death to the person is easy to be garbled with murdering and the case of error which sends the person to die. To the former case, the main difference between them in objective aspect is that the former case is the behavior of injury and the latter case is the behavior of murder; the difference in the objective aspect between them in the subjective aspect is that the former case has the error to the result of death and the latter case has the intention to the so-called result. To the later case, The main difference between them in objective aspect is that the behavior of the former case is harmful behavior and the latter case of the latter case is not harmful; the main difference between them in subjective aspect is that the person of the former case has the intention to injure another person's health when implementing behavior and the person has no intention of doing harm to other's health at the same time.The cognizance of the conditional fatal injury. The conditional fatal injury can be divided into two kinds: the individual fatal injury and the occasional fatal injury. In the case of the individual fatal injury, the person should also answer for the result of victim's death, and has offended the case of intentionally inflicting injury upon another person and causing death to the person. In the case of the occasional fatal injury, we should be resolve the problems of the behavior person's responsibility according to different cases.