The Research On Conversion-type Of Intentional Homicide

Transformation type of intentional homicide is refers to the criminal suspect during the previous implementation of unintentional killing, and the implementation of the behaviors is closely related to the murder,thereby resulting in the death of the victim.According to the criminal law or judicial interpretation expressly provided as intentional homicide,previous unintentional killing a group of crime types that cannot be condemned.This article sums up nine transformation type of intentional homicide,it has five characteristics.First,Criminal behavior of previous implementation is not intentional killing;The second,in the process of behavior before,the criminal suspect and then implement the behavior is closely related to the murderer,Its scope includes deliberately harm the victim body and health behavior,in value is equal to intentional homicide behavior,and belongs to the indirect intentional homicide behavior;The third,Closely associated with intentional homicide behavior and before the implementation of the behavior,their work led to the death of the victim;The fourth,according to the criminal law or judicial interpretation expressly provided shall be deemed as intentional homicide;The fifth,previously implemented not intentionally killing will no longer be considered a crime.Depending on the legal source of the conviction,Transformation type of intentional homicide can be divided into the following two kinds,one is the transformation of the criminal law murder,another kind of judicial interpretation is the transformation type of intentional homicide;Depending on the nature of the previous implementationbehavior,can be divided into the following kinds:previous behavior belongs to control the behavior of the free will of the victim,previous behavior belongs to deprive the victim behavior the behavior of freedom,previous behavior belongs to damage behavior,and previous behavior belongs to cause the victim's life extremely dangerous behavior.According to the three legislation,The first is based on the legal fiction,The second is based on the provision of attention,The last is based on the structure of the indirect crime.In the judicial practice,about the cognizance of Transformation type of intentional homicide, there are many need to study and solve the problem.For the following question has carried on the comparative study, this paper puts forward the problem-solving ideas.Including the following,The first,used in the process of illegal detention of the meaning of "violence",it is a form of sin,and the use of violence and "causing death" the causality.The second,because of escape after traffic accident causing death and after the traffic accident to kill the victim out of the scene,other circumstances traffic offences into intentional homicide.The third,in the process of affrays causing death,the cognizance of violence happening place,about the people who attended the affrays dispute into a murder in whole or in part,the factual error of cause death to a person,the cognizance of the party implement affrays deaths and another initiation of criminal intent,as well as other criminal issues.